Unconstitutional ‘red flag’ laws attack the rights of people who might, maybe, at some point, commit a crime

Published May 7, 2019 6:13pm ET



Everyone who values our rule of law and the general premise our country was founded upon (that our rights are fundamental, inalienable, and pre-political) should agree with the legal challenges seeking to overturn “red flag” laws across the country. I have not read one such state law yet that is constitutional, and the legal philosophy behind these laws is dangerously illegitimate.

Generally, a “red flag” law is defined as a gun violence “prevention” law that allows law enforcement or some family members to petition a state court to order the temporary removal of firearms from a person who exhibits some form of “danger” indicators that supposedly justify such restrictions. Fifteen states and the District of Columbia have some version of a red flag law.

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