Let's take a moment to discuss the Constitutionality of Red Flag Laws here in the United States and why they are very dangerous to our Liberties and Freedoms.
Many people when arguing against Red Flag Laws, will argue solely on the premise of the Second Amendment, and some will include the Fourth Amendment in their argument. However, these are not the only two violations against the Constitution with Red Flag Laws.
Here is a list of all of the violations:
Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
In this case we can ignore the first clause of the Second Amendment, as Red Flag Laws do not apply to the militia necessarily. So lets dive right in to the right of the People to keep and bear Arms. First off, Arms are defined in the dictionary first as Armaments of any type, ranging from a simple sword all the way up artillery and beyond. This right to bear arms shall not be infringed, meaning that it is self-evident and inalienable. You cannot have your weaponry seized without due process. We are to have adequate measures to defend ourselves against foreign, domestic and tyrannical threats.
Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
In the Fourth Amendment, it is stated clearly that we are to be secure in our property from unreasonable searches and seizures. This right cannot be violated without a Warrant being issued upon probable cause supported by Oath or Affirmation. The left will often argue that because of the warrant, all due process has been adhered to in Red Flag Laws. Advocates for the Red Flag Laws try to claim that simply because a Warrant is issued, all Due Process is being adhered to. When an ex boyfriend, girlfriend or otherwise can simply CLAIM that you are a threat to yourself or others, any warrant issued is NOT upon probably cause, nor is it supported by oath or affirmation.
Fifth Amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Here, our Founding Fathers put in place a means to secure our life, liberty and property from being violated without due process of law. I already went through some of the due process within the Fourth Amendment and the rest of the due process will be covered in the following amendments. That being said, without due process of law, all of our rights and properties are to be secured. You must have due process before any of your property can be seized.
Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
The Sixth Amendment goes further in to Due Process saying that we have a right to a speedy and public trial, impartial jury, to be informed of the crime we have committed, the nature and cause of the accusation, to confront the witness, obtain witnesses in our favor, as well as assistance of counsel in our defense. Red Flag Laws deprive us of ALL of these guaranteed rights. Where is the speedy and public trial? Where is the impartial jury? When are we informed of a crime committed? What crime was even committed? We never get to confront a witness or call our own witnesses. We have our guns taken away without any of these forms of due process adhered to.
Seventh Amendment: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
While with inflation, the value of Twenty Dollars ought to be far higher, any form of weaponry should easily fall in this category as it is not a cheap investment for weaponry. The right to a jury trial even for Red Flag Laws ought to be fully adhered to.
Fourteenth Amendment: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
While I often times call the Fourteenth Amendment as the most redundant Amendment on the planet, as it repeats the Supremacy Clause as well as the Fourth and Fifth Amendments, however this reaffirms the fact that the States cannot violate our rights that are protected by the United States Constitution.
When it comes to Red Flag Laws, everything about them is unconstitutional and ought to be resisted on all fronts. If we are complacent and apathetic on the issue, we will quickly lose not only our gun rights, but our due process rights along with them!
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