The Red Menace

The “Red Flag” menace is a reality in more than a dozen states and there could be even more on the way by the time you read this since the concept seems to be all the rage. And it is, after all, an election year so politicians want to appear to be “doing something to prevent tragedies.”

“Red Flag” is something of a generic term. It is actually an Extreme Risk Protection Order (ERPO), so listen or look for this term in any news stories about such measures.

These anti-rights laws — which they truly are in many cases — are perhaps well-intentioned but poorly executed. The idea behind them is not so much protecting the community as it is disqualifying as many people as possible from owning or possessing firearms, even if the situation only lasts a few months.

Last summer, Fox News Senior Judicial Analyst Judge Andrew Napolitano declared in an essay published in the Washington Times and on the Fox News website, “Red Flag” laws do not pass constitutional muster.

“The concept of a ‘red flag’ law — which permits the confiscation of lawfully owned weapons from a person because of what the person might do — violates both the presumption of innocence and the due process requirement of proof of criminal behavior before liberty can be infringed,” Napolitano asserted.

When the former judge wrote about Red Flag laws, he left out a couple of important things. First and foremost, how do gun owners avoid being victimized?

Working for real change

Secondly, how can gun owners defeat such laws? This takes homework and vigilance. If you know, or know of, some individual who has been “red-flagged,” find out the circumstances. Be willing to acknowledge some people really shouldn’t have firearms and their behavior in person or in a chat room just might be genuine evidence of a loose screw.

However, if someone is unfairly or falsely accused and is penalized as a result, the person’s fundamental rights have been violated.

Make this a First Amendment issue. Find outrageous quotes from celebrities and politicians — especially those who support “Red Flag” laws or gun control in general — and use them to destroy their credibility while pointing out the hypocrisy. Write letters to the editor, put together an Op-Ed for your community newspaper and use such quotes with documentation. Don’t make up something and expect to get away with it.

When writing about “Red Flag” laws, concentrate on due process. Without due process, no person should be deprived of life, liberty or property.

Does it really work?

There is something else to consider — “Red Flag” laws are used to seize firearms, while the individual typically remains free, where he or she continues to be the alleged danger to themselves or other persons. Never neglect making this point and then ask, “Just how stupid is that?”

Truly dangerous persons shouldn’t be free to walk the streets where they might arm themselves with some other weapon. In Seattle last summer, a recidivist offender attacked another man with a baseball bat and nearly killed him. The victim suffered possibly permanent injuries.

“… ‘Red Flag’ laws do not pass constitutional muster.”

Basic right

In his essay last summer, Judge Napolitano reminded readers a cornerstone of our criminal justice system is a person is to be presumed innocent until proven guilty in a court of law. “Red Flag” laws turn this basic notion upside down.

Napolitano continued: “The presumption of innocence puts the burden for proving a case on the government. Because the case to be proven — might the gun owner be dangerous? — if proven, will result in the loss of a fundamental liberty, the presumption of innocence also mandates the case be proven beyond a reasonable doubt.”

There appears no doubt in some cases, “Red Flag” warnings and investigations have been warranted. On the other hand, there remains considerable doubt every such case is justified and it’s up to you to share your concerns publicly when such incidents arise. Even more importantly, be smart so you’re not one of them!

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