With the partisan change of control in the House of Representatives after the 2018 midterm elections, a few questionable laws have been proposed which could potentially violate the rights of United States citizens as outlined by the 2nd and 5th Constitutional Amendments.
Commonly known as “Red Flag Laws,” Washington state has introduced Senate Bill 5745, and Texas lawmakers have discussed House Bill 131 and Senate Bill 157. Each introduces similar measures with different wording toward limiting citizen rights concerning responsible gun ownership. In essence, each law proposes the confiscation of guns immediately following an accusation of wrongdoing — specifically, an accusation of domestic violence.
These laws do little more than play to our emotions. The idea of someone abusing others and also owning a gun is discomforting. The problem comes when laws are introduced which allow an accusation to become a crime. These laws as written prescribe taking someone’s guns based solely on an accusation before the accused has had a chance to respond. An ex-wife (or husband), a neighbor, or even a spiteful in-law could potentially make the accusation and have someone’s guns taken from them. Timed properly and planned with malicious intent, the law could be used to disrupt hunting season or worse — disarm a person’s defensive measures before conducting an attack against them.
Again, the issue is not an argument to allow people with a history of violent behavior to own weapons. It’s about due process, facing an accuser, and telling the other side of the story. Imagine coming home from a hard day at work to find police in your driveway. Knowing you’ve done nothing wrong, you approach to find out what happened while you were gone to bring their attention to your house and ask if there’s anything you can do to help. As it turns out, someone with a grudge made a bogus claim that you may have committed a violent act, so the police plan to take your guns before you’re even aware of what the charges are or had any opportunity to dispute them.
The laws as proposed don’t introduce a means of long-term gun confiscation. The problem is that someone has to pay for the time and effort of the police and courts to conduct such measures. Should such laws be allowed, the taxpayer will fund the actions at first, but eventually it will fall to the responsible gun owner to pay processing fees and court costs. Such a concept is unacceptable and in direct violation of rights guaranteed in the Constitution. You have a right to own guns, a right to due process, and to be secure in your person and property. The very nature of these proposed laws violates each of those rights.
~ Firearm Daily
