I’ve come to realize there’s confusion surrounding Red Flag laws. Many believe these laws apply only to individuals who have been committed or officially identified as mentally ill, but that’s not the case. My friend, Stuart Klearman—retired law enforcement officer, former naval officer, 2A advocate, and author of several highly recommended books on the Second Amendment—offers a short, clear, and concise explanation. Stuart Klearman’s recommended books below.
The only time a gun may be Constitutionally-confiscated is when it is used in a crime (e.g. evidence) or itself is stolen property and therefore can be seized by police (kinda the same thing). Red Flag Laws violate the 2A and Due Process amendments flagrantly. The 2A is obvious. But Due Process is subverted in several ways….
First, nothing in the Constitution due process or not allows for temporary or permanent confiscation of personal property over a “civil matter.” Only criminal matters.
Second, the standard of proof beyond reasonable doubt, or even the lower probable cause, is quashed by using a civil process where burden of proof is mere preponderance (50%+) like in small claims court. It leaves it entirely to the judge who stats show sides well over 95% of the time w/police and just issues the RPO.
Further, due process is denied because the entire process is the opinion of a cop who cannot predict the future, and the rubber stamp of a judge. You are not allowed any defense because the entire RPO process takes place without your knowledge or involvement.
Now factor in that police depts may well make it “SOP” (mine did) to automatically apply for a renewal of the RPO whether justified or not.
If someone is that mentally ill as to be dangerous they need to be in a psych hospital. If they’re that criminally dangerous, then they need to be in prison, not free on the streets!
The bottom line I stick to is no matter how well intended, no matter how good on paper something sounds…if it runs afoul of the Constitution it is not to be allowed, ever.
Books on the Second Amendment by Stuart Klearman are available on Amazon:
Infringed Amazon link
The Myth of the Scary Black Rifle Amazon link
Kings& Pawns: Sinister Cornerstones of Gun Control Amazon link
