Legislators, resist the urge to pass ‘red flag’ laws

Published August 20, 2019 4:00am ET



The recent tragedies in El Paso, Texas, and Dayton, Ohio, have reignited a contentious debate in our nation, one that has both captivated our headlines and filled our homes.

In the wake of these heart-wrenching tragedies, we’ve seen elected leaders on all levels of government demand solutions to the ongoing problem of violence in America — and understandably so. The thought of dozens of people having their lives stolen from them so senselessly is difficult to fathom.

With this being the case, the reckless and short-sighted responses of many of these elected leaders should be worrisome. As a state representative from Bismarck, North Dakota, I have witnessed this firsthand. This is because earlier this year, I was forced to help lead the charge against HB 1537, an attempt to bring “red flag” legislation to my state.

Now, for the second time, the Democratic and Republican sponsors of the original Red Flag bill are being prodded to resurrect this bill in my state.

And with the idea capturing the attention of President Trump, our governor, and several colleagues of mine in the North Dakota Legislative Assembly, it’s not overstating it to say that several constitutional rights are in peril of being breached from all sides. Unfortunately, this is the case in countless other states as well.

We were easily able to defeat the bill 17-76 (a rather poetic number, in my opinion), but other states have not been so fortunate. Indeed, 17 states and the District of Columbia have already embraced their own versions of the law. Furthermore, a bipartisan federal grant program designed to encourage state governments to enact “red flag” laws is already ripping its way through the U.S. Senate.

Make no mistake: this effort — however well-intentioned — represents a devastating and direct assault on due process.

As if the numerous, egregious constitutional violations were not enough, however, the “red flag” initiative clearly does not even fulfill its intended purpose. Take Indiana, for example. While a 7.5% decrease in firearm-related suicides did follow the passage of the “Jake Laird” law (the state’s own version of “red flag”), no reduction in overall suicides (firearm and non-firearm-related) occurred. Yet “red flag” laws continue to be touted as effective deterrents against homicide and suicide, despite the overwhelming amount of evidence that speaks to the contrary.

Even the best intentions can lead to unintended and even devastating consequences. As our second president John Adams warned us, “Liberty, once lost, is lost forever.” This is precisely why, for the elected officials across the nation who still believe in liberty, the need to unite against this new onslaught against our liberties couldn’t be more critical.

The time to fight is now.

Rick Becker is a member of the North Dakota House of Representatives, where he leads the Bastiat Caucus, a voluntary coalition of North Dakota state legislators.