In-the-News Update [Issue: 2nd Amendment]

In-the-News Update [Issue: 2nd Amendment]

Extreme Risk Protective Orders, commonly known as “Red Flag Laws”, are a popular legislative priority for many anti-gunners and politicians who seek to infringe upon 2nd Amendment rights even further. While the legislative specifics of Red Flag laws vary amongst the states in which they have already been passed, the general notion is that anyone, to include spouses, ex-spouses, friends, family members, and co-workers, can call upon their local law enforcement to petition the court to issue an extreme risk protective order on someone that they allege is at risk of being a danger to themselves or others, and subsequently have their firearms confiscated. Although most Red Flag laws state a requirement of evidence of said danger before an order can be issued, it is crucial to note that nowhere in this process is the accused individual given the opportunity to defend themselves against such accusations to the court prior to the issuing of the order; nor are they notified that such an order has been issued against them. Not only is this a grievous miscarriage of due process of law, but it is also highly dangerous for all parties involved in the confiscation. Realistically, the likely only way to confiscate a firearm is to physically remove it from the possession of the accused by visiting their home. When so many of these orders are executed using No-Knock tactics, it’s no wonder things have a high probability of turning violent. And even when No-knock tactics are not used, it still forces law enforcement officers to surprise the accused individual, in the privacy of their own home, with the prospect of losing their fundamental right to keep and bear arms without any prior legal proceeding or notice. The result of such an unfortunate and completely avoidable confrontation was seen recently in the death of a 61-year old Maryland man.

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