WHY ‘RED FLAG’ GUN CONFISCATION ORDERS ARE NOT A CONSTITUTIONAL OPTION

Saturday, December 28, 2019
By Paul Martin

GunsInTheNews.com
December 27, 2019

Recently, a document has been circulating from the Heritage Foundation, which purports to analyze “red flag” Gun Confiscation Orders. (See “Answers to Common Questions About ‘Red Flag’ Gun Laws,” August 16, 2019.)

We have read, analyzed, and fought about 40 of these bills around the country. Sadly, not only does the Heritage Foundation appear not to have analyzed those bills, this recent paper appears to be nothing but a recitation of Bloomberg/Gifford’s talking points.

The first problem is Heritage’s failure to acknowledge that the “red flag” template was drafted by the gun control lobby (see David Kopel testimony before the Senate Judiciary Committee). It is one of the gun control lobby’s two chief priorities.

In most of the states where it has been seriously proposed, it was fought by the whole pro-gun movement, including GOA and NRA.

And Second Amendment opponents intend for “red flag” laws to be the battering ram to open the door to comprehensive gun control in red states.

So in no jurisdiction where the U.S. Constitution is applicable should “red flag” laws ever be entertained as a “conservative” option.

Interestingly, Thomas Jipping of the Heritage Foundation penned a very thorough critique of the Violence Against Women Act (VAWA) in July. And one of Jipping’s chief criticisms was the inclusion of a red flag-style provision in VAWA. Says Jipping:

[VAWA] creates, for the first time, the possibility of losing one’s constitutional right to possess a firearm and the potential for up to a decade in prison by a court order issued without the individual’s knowledge or the opportunity to contest it. This very serious compromise in application of the Second and Fifth Amendments would be accomplished by legislation passed through an orchestrated process with virtually no consideration.

The problem that Jipping is describing here is the problem with “red flag” Gun Confiscation Orders across the country. Unfortunately, the more recent “Answers to Common Questions” article from the Heritage Foundation seems to gloss over these serious violations of Due Process rights.

The Rest…HERE

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