“The concept of “reasonable” gun control is a dangerous argument advanced to trick conservatives into believing that its okay to impair and infringe the constitutional rights of an individual if doing so can be rationalized as something a “reasonable” person would do.”
A “red flag law” may just be the newest euphemism for “reasonable gun control”. In general, a “red flag law” is some type of state law (although it could at some point be federal) which allows the state to take firearms away from an individual and/or to deny that individual the ability to purchase a gun or to obtain a handgun permit if certain “red flags” exist related to the person.
We already have laws which create a wide range of circumstances under which an individual is denied the capacity to exercise 2nd Amendment rights – even if they can still exercise other constitutional rights and live in society. Such laws include things like criminal convictions, judicial determinations in contested hearings related to mental incompetence, dishonorable discharges from the military, even obtaining government benefits based on a medical determination of mental impairment or disease. But, that is not what a “red flag” law is.
“Red flag” laws sometimes seek to deny 2nd Amendment rights because someone has had “too many” contacts with law enforcement – even if there is never any arrest, charge or conviction of any crime whatsoever. Frequently, the person targeted with a “Red flag” law has no criminal history or conviction at all.
“Red flag” laws might also arise because some neighbor, family member or teacher thinks the person “might” be dangerous and those individuals perhaps ask the state to intervene and order that the individuals guns be taken away or that they be denied access to guns prospectively.
by Duncan Johnson
