The Red Flag laws are more complicated than usually discussed in the press. Depending upon the state, anyone from a family member, intimate partner, ex, house or apartment mates, or even the police can file a complaint.
An example is a Colorado’s proposed law, where anyone can make a phone call to the police. They don’t even have to be living in the state. There is no hearing. All the judge has before them is the statement of concern. Little certainty is needed. Some states allow initial confiscations on just a “reasonable suspicion,” which is little more than a guess or a hunch. Others, at least, mandate “probable cause” that the individual is dangerous. These standards allow a judge to take away the person’s right to self-defense when there is significantly less than 50 percent chance of something bad happening.
Currently, only one state’s law mentions mental illness. Individuals can identify anyone who they think are dangerous do so on an “I will know it when I see it” standard. In practice, a person’s criminal history, gender and age help decide who is a danger. But we already have laws that say felons, even non-violent ones, can’t own guns. And we know how well that is working.
Even misdemeanor violations can cost you your right to own a firearm. Gun control advocates want to take firearms away from people arrested but not convicted of crimes. Their unwillingness to make that explicit indicates that they are afraid that courts would strike down such laws.
It has always been possible to take away someone’s firearms, but in all 50 states it required testimony by a mental health expert before a judge. Hearings could be conducted very quickly in urgent cases, But gun control advocates argue that it’s important to not even alert the person that his guns may be taken away. Hence, the 5 a.m. No-Knock police raids.
With that in mind, what would you do as an ordinary citizen in response to someone breaking down your door in the early morning not having a clue to who or why they are breaking into your house. Can you see the danger to both parties?
When people pose a real & clear danger to themselves or others, they should be confined to a mental health facility. Simply denying them the right to legally have or buy a firearm isn’t a serious remedy. If you think that you are any more likely to stop criminals from getting guns than illegal drugs, good luck. The same drug dealers sell both and are a major source of guns.
Past experiences have shown there are no benefits from these laws. Looking at data from 1970 through 2017, Red Flag laws appear to have had no significant effect on murder, suicide, the number of people killed in mass public shootings, robbery, aggravated assault or burglary. There is some evidence that rape rates rise. These laws do not save lives and in fact can result in loss of lives.
