US Gun laws and Red-Flag laws.
While many people think it’s a good idea to allow family members and others to be able to “Red-Flag” police and law enforcement officials of someone they may think could pose a potential danger and risk to others, other people think it’s a potential violation of a citizen’s civil rights and against the Second Amendment.
Both sides are right.
But that does not solve the problems that are inherent with these Red-Flag laws.
Is there any possible approach to the problem without destroying people’s civil rights and liberties?
Should a Son – daughter - Wife, relative, or close friend be able to notify authorities when they believe there is a potential risk? Yes,,,,,, But only if and when they believe that potential risk is valid and that someone does pose an immediate danger to others.
Should law enforcement be allowed to investigate these “Red-Flag” reports? YES, of course they should, but only once sufficient cause has been shown, and then only once a duly required DUE-Process of a search warrant has been issued. (unlike common belief that can actually be done very quickly, it does not take three days to get a warrant).
Should law enforcement be allowed to forcibly enter a persons home, at gun point, without due process, and immediately confiscate all weapons? NO.
More often than not a forced entry by anyone into a person’s home will result in a gun battle and most likely end in tragedy. More than once both law enforcement officers and private citizen’s have been killed as a result of these kinds of actions.
In today’s society if someone smashes in your front door at 10:00pm or at 6:00am most people’s first reaction will be to try to defend themselves. Most people who have weapons in their homes do so as a means of self defense, protection for them selves and their families.
A sudden forced entry will most likely result in a gun battle, plain and simple, someone is going to be killed.
Follow the law; Get a warrant, and go TALK to the person, Interview and investigate.
Prime example is the David Koresh the Branch Davidians and the “Waco Massacre”.
Most law enforcement people will argue that was not a “Red-Flag” operation, but if we view this one from the perspective of AG Janet Reno and the FBI, all this was was a “report” from someone that said David Koresh and the Branch Davidians were a bunch of religious zealots with a load of guns.
That raid killed 87 people including women and children in nothing more than a massive abuse of power and federal authority. But the local Sheriff said later that he knew David Koresh and that if the FBI wanted to talk to him all that was necessary was for him to call Koresh and ask him to come by the office. He would have done it.
The more recent case of the El Paso Walmart shooter is an example of if and when someone should be able to warn authorities when they suspect that a person (or a group) is about to fly off-the handle and commit something violent and stupid. This is a case where the man’s family attempted to alert law enforcement personal but was told there was nothing they could do until he had committed a crime. The result of the police being unable to investigate or to even interview the individual was that several people were killed including the shooter.
No one wants a deranged or crazy people to own weapons. In many cases that should be considered a mental health issue.
Civil rights and Second Amendment advocates such as myself will say that Law enforcement or the Federal Government authorities should never be allowed to deprive anyone of their Constitutional rights without due process of law.
Some law enforcement people and many politicians advocate for more and more gun laws and some now are openly advocating abolishing of the Second Amendment completely. Politicians such as NY Rep Jerrold Nadler, and Adam Schiff, and hundreds of others have good reason to fear a well armed population. (Have you been following the impeachment hearings?) . There is a reason why Washington D.C. is the most heavily guarded city in the world. There is also a good reason the Founding Fathers of this nation included that Second Amendment into our Constitution, and it is the same reason that politicians fear and hate it so much.
RED-FLAG laws are an open door invitation for abuse of power.
Far too often law enforcement authorities and Federal agents are more than ready and willing to smash down the doors and kill someone based on a simple Unsubstantiated and anonymous “tip” by someone who disagrees with a persons political views or for some other unknown reason. In fact most of these “Red-Flag” laws are written in such a way that no reason is required, necessary, or expected. All that is needed is an anonymous phone call and the actions are underway.
In some cases just the mere fact that I have written this article and posted it some place on the Internet could be considered reason enough to send out a “Red-Flag” alert by someone who disagrees with my political points of view.
(If you don’t like someone just “Red-Flag” them and the police will be more than happy to kill them for you). WOW – How crazy is that!!?
In today’s political and social environment just the simple NON-Threatening (legal) act of placing a political sign or poster for one candidate or another could get someone killed through the actions of someone who disagrees with that candidate.
A political sign in your front yard saying “Vote for Donald Trump for President in 2020” might be enough for your Democrat neighbors to “Red-Flag” you and enough to get you and your whole family killed.
If you think that’s extreme, guess again, it’s happening all around the country where these “Red-Flag” laws have been instituted. Yes, the political environment in America these days IS that volatile and toxic.
The way most of the “Red-Flag” laws are written and interpreted by law enforcement, the victim, (If he survives the altercation), will have his/her weapons confiscated and it will take years for them to retrieve them if at all possible. If an otherwise innocent person then goes out and buys a new gun before he/she is vindicated of all potential crimes, the he/she is then automatically found guilty of possession of a weapon. (You’re guilty of being “NON-Vindicated” which is not even in any legal statutes), go figure that one out.
Bottom line is don’t vote for these “Red-Flag” laws and do NOT allow them to become the laws in your State or County. Red-Flag laws are just another way for anti-gun zeolites to disarm American citizens.
Preserve, Protect, and Defend the Constitution of the United States of America, against ALL enemies, foreign OR Domestic.
Patriots For America.
This is from the Virginia Governor's "news" reports web page.
These "Extreme Risk Protective orders" are what is referred to as Red-Flag laws.
That means any one can make an anonymous phone call to police and law enforcement and the victim
will automatically loose his/her guns, IF they are lucky enough to survive the raid by law enforcement and IF they manage to ever get to a real Trial,,, with an honest judge,,,,, then and only then may they petition the court for the return of their guns and weapons.
That could take years and in the mean time if the person being accused goes out and buys another gun,,,,, then he/she is automatically guilty of illegally possessing a fire arm. (No trial or Grand Jury indictments necessary).
You're guilty and that's that.
All of this begs the question of "What the hell happened to our Constitution"?????
Here is a bill being proposed in Virginia that if enacted will ban all Militia activities in the State of Virginia.
That thing not only bans all militia organizations from Virginia, but it could also ban all fire arms training facilities, rifle ranges, and if you read carefully it would also ban a Veteran's day or 4th of July parade where military groups carry rifles in a darn parade.
Who the hell puts these kinds of people into office?
I doubt it will be very long after this junk is passed that some one will challenge it in court. My thoughts are that it's UN-Constitutional.
A U.S. congressman suggested that the Virginia Gov. Ralph Northam could deploy the National Guard to enforce gun laws in counties that have declared themselves “Second Amendment sanctuaries.”
“Ultimately, I’m not the governor, but the governor may have to nationalize the National Guard to enforce the law,” Rep. Donald McEachin said, according to The Washington Examiner.
“That’s his call, because I don’t know how serious these counties are and how severe the violations of law will be. But that’s obviously an option he has,” McEachin added.
Gov. Northam himself said on Wednesday that Virginia localities who refuse to enforce gun laws will face “consequences,” but did not allude to what those consequences could entail.
“If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books, then there are going to be consequences, but I’ll cross that bridge if and when we get to it,” Northam said, as WTKR