Thread by @themarketswork

1) My latest @EpochTimes

The ‘Red Flags’ Surrounding Red Flag Laws
theepochtimes.com/the-red-flags-…

@EpochTimes 2) In the wake of two recent mass shootings, calls for the enactment of Red Flag laws have risen exponentially.

But blind enactment of Red Flag laws is not the appropriate response.

@EpochTimes 3) Red Flag laws are effectively prevention laws that allow law enforcement and family members to petition a court to have an individual's firearms temporarily confiscated if the person is believed to pose a danger to themselves or others.

@EpochTimes 4) One of the troubling issues behind such laws is the intent to “catch” people before they actually commit a crime—based on a presumption that the individual “may” commit that crime in the future.

In essence, Red Flag laws are “pre-crime” laws.

@EpochTimes 5) They invert our nation’s due process of “innocent until proven guilty” into something resembling “potentially guilty until proven innocent.”

@EpochTimes 6) Red Flag laws runs counter to the underpinnings of our legal system which has been designed to impose punitive measures after illegal conduct has occurred, not in anticipation of it.

@EpochTimes 7) The idea that someone “might” be a danger, although tempting in the wake of these tragic shootings, does not provide legal sufficiency to strip away an individual’s Constitutional rights without the benefit of due process.

@EpochTimes 8) Some state Red Flag laws allow for the confiscation of weapons based solely on a brief statement from a law enforcement officer, family member, or household member.

Hawaii goes even further, allowing for petitions to be made by medical professionals, educators and coworkers.

@EpochTimes 9) The affected individual is not given advance notice, nor is the person allowed to defend him or herself ahead of the confiscation.

There is also no requirement that any illegal behavior must have occurred.

@EpochTimes 10) In most cases, Red Flag laws have been invoked when the individual was deemed to be either a danger to themselves or to their immediate family and not because they were deemed to be posing a threat to a larger section of the populace.

@EpochTimes 11) Question.

If a person represents a level of danger great enough to warrant the seizure of his weapons, why is he allowed to remain active in society without treatment?

@EpochTimes 12) A more useful hurdle might be a judicial determination that the individual meets the state standard for involuntary commitment.

At a minimum some mental health treatment should be requisite—and only after a due process judicial determination.

@EpochTimes 13) Congress has a bad habit of enacting poorly-written, responsive laws and there is generally an inclination on the part of government to overreach.

When enacted legislation and regulation fails, the nature of government is to follow up with additional laws and regulations.

@EpochTimes 14) Laws that deter future crimes are obviously a positive step.

But laws that punish a potential future, uncommitted crime are not.

It is for this reason, along with a lack of due process, that many Red Flag laws are viewed as unconstitutional.

@EpochTimes 15) When individuals have their firearms confiscated in advance of a judicial hearing the 5th and 14th Amendments are violated and the individual’s Second Amendment right has been effectively converted into a privilege.

The 6th and 4th may be violated as well.

@EpochTimes 16) The NRA has listed a series of requirements they believe should be present in any Emergency Risk Protection Order (ERPO) legislation specifically in order to protect individual rights:

@EpochTimes 17) The recent tragedies are horrific and it's understandable that our society would require some sort of response.

But this should not come at the expense of our civil liberties and in a manner that violates our Constitutional rights.

@EpochTimes 18) Nor should the underlying issue of mental health and requisite care be overlooked.

As Congress and the states continue their debate, these qualifying measures listed in #16 should receive serious discussion and inclusion in any pending legislation.

/END