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Rights Abridged: The Flawed Model for Red Flag Laws spectator.org/rights-abridge…
In 15 states and Wash D.C., new Red Flag laws allow judges to take licensed firearms away from individuals even if they have not committed or even threatened to commit a crime.
A simple petition from a 3rd-party triggers a court proceeding that could eliminate a person’s #2A rights and cause a cascade of consequences.
Some civil rights organizations have expressed concern about constitutional principles being violated by such laws, such as the right to due process and the presumption of innocence until proven guilty.
Red Flag laws seem intended to bypass existing processes to have someone adjudicated as mentally ill or guilty of a crime. Initial Red Flag hearings often do not allow the accused time to retain an attorney or present a full defense before having their rights abridged.
It may be that state lawmakers don’t realize their well-meaning laws, when implemented, are harming citizens by depriving them of constitutional rights and wreaking havoc with their lives.
Legislators may not perceive that courts are currently abused by individuals using the justice system as personal leverage in disputes such as child custody, divorce, or a bad break up.
If lawmakers spent a day watching the proceedings of those whose lives are forever changed by hasty injunctions, they would see the abuse and think twice about using this system as a model.
