All gun control laws are unconstitutional infringements. Period. There are no if’s and’s or but’s about it. Any law that limits, restricts or controls a citizen’s access to, or use of firearms, is by definition an infringement. They should all be referred to as “2nd amendment infringement laws”. Which is to say, none should be recognized as laws, nor have any legal bearing. That being said, Red Flag laws are some of the worst.
With a Red Flag Law, the government literally breaks into a citizen’s home and steals a citizen’s property, simply because someone claims that person is a threat to themselves or others. The target of the Red Flag has not committed a crime, has not hurt anyone, and yet is treated as if they did. Their civil rights are violated and denied, based on the expressed fear that they MAY DO SOMETHING.
Are you fucking kidding me??? Who the hell consented to be treated like this by government, and gave anyone within government this authority? The answer, of course, is no one, and these laws are unconstitutional to the core.
The target is denied due process. The target is denied the right to face his or her accuser. The target is denied the right to a lawyer (representation) at the cost of the government, which s/he would have if they actually did commit a crime. The target is subjected to an unlawful search and seizure, a violation of the 4th amendment, and it is carried out most often when they are not present nor aware. The target is punished before a hearing is even held, based merely on an accusation, and the accusation is not of a crime committed, but merely of the potential to commit a crime. The accuser faces no liability whatsoever for making false or baseless accusations. The target is denied their 2nd amendment rights, for extended periods of months or years, while innocent of any crime.
The supposed purpose of the red flag law is to protect the target and the public from harm. Red Flag laws protect no one from harm, only from harm by use of the firearms stolen from the target. The target is not offered nor mandated any psychological help, counseling, medication, observation or treatment. The target’s firearms are seized, but other weapons and means of harming self AND others are left undisturbed. The target is free to run someone down with their car, stab them with knives, shoot them with arrows, beat them with their hands, feet, a bat, axe, or hammer, dowse their home in gasoline and burn them, or blow them up with household chemicals rendered into an IED. On the contrary, the target may harm him or herself with medications such as narcotics or sleeping pills, overdose on illegal drugs, hang themselves, drink themselves to death, suffocate themselves with carbon dioxide and car exhaust, etc, ad nauseum.
Red Flag laws protect no one from harm, and if anything, exacerbate the situation and increase the likelihood that the target will act out. Publicly humiliating the target, violating the sanctity of their home, and costing them tens of thousands of dollars in unexpected attorneys’ fees is sure to upset, annoy and anger them. While the actual accuser is often hidden from the target, government agents such as the judge, district attorney, sheriff’s deputy and potential imagined accusers may all become focal points for the target and recipients of his or her rage.
At the same time, as the target is denied their 2nd amendment rights, they are left without firearms to defend themselves from home invasion, assault, rape, robbery, etc. Any harm they come to as a victim of crime rests on the shoulders of the accuser, judge, and other involved parties of the Red Flag, who should be held criminally and financially liable for any such event.