‘Red Flag’ Laws Backfire

Mark Fernwood

 By Mark Fernwood, a member of the Contra Costa Republican Central Committee and Danville resident.                               

“Red Flag Laws” are being sold as a way to prevent horrible mass shootings.  The idea is that if someone shows, what some might claim, is erratic and potentially dangerous behavior, a court order can be given to raid that home and seize all weapons.  Later, in theory, the victim can petition the court or sue to have his property returned.  How would one prove that not only are they not a threat now, but they weren’t a threat before either?  It is almost impossible to prove a negative. Lawsuits, the other alternative, are very costly and far beyond the value of most any seizure.

Confiscation of firearms is the seizure of property without conviction of any crime.  Clearly, this is a violation of Constitutional rights under the 5th & 14th Amendments.  If “pre-crime” determinations can be used to deprive rights, what about liberty?  Should those “exhibiting” a tendency to crimes, be deprived of their liberty?

Our current society is far from radical “pre-crime” restrictions.  Today, even convicted, dangerous criminals are released without serving their sentences.  Offenders with easily convictable offenses, often are never even charged. In California. There are about 10,000 felons that are known to be in possession of firearms, a felony in itself, but they are not pursued. In short, we live in the Golden Age of Criminality.

The only exception seems to be with regard to firearms owned by the law abiding citizen.  If firearm restrictions were the path to public safety, the safest US cities would be Chicago, Baltimore, New Orleans, Oakland, and the District of Columbia.  Just the opposite is the case though.

Some might argue that firearms are “different” than other rights, as they are sometimes used in mass shootings. Mass shootings are very tragic and also are highly newsworthy. Mass killings, fortunately, are actually still a rare event. In the country. The largest mass killings were not performed with firearms. These include the 9-11 attacks that used hijacked aircraft and the Boston Marathon bombing in which pressure-cooker bombs were used.. In another example, illegal Fentanyl overdoses kill over 100,000 Americans a year, according to the Centers for Disease Control (https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2021/20211117.htm)