Blog by Murph

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Red Flag Laws

Posted by blogbymurph on August 5, 2019

David French of the National Review makes a persuasive case for supporting Red Flag laws in his article found here.  For those put off by the reference to President Trump in the opening, it should be noted that French is generally not a fan of Trump…

The fundamental flaw in most “common sense” gun-control proposals is simple: They burden the rights of law-abiding citizens without making a material impact on the problem they’re designed to address.

In fact, the reality that most modern gun-control proposals impact mainly the law-abiding is a principal reason for the consistent resistance to them from America’s gun owners. But there is one place where gun owners and gun-rights opponents meet: Americans who have demonstrated by their own conduct that they’re not fit to own a weapon should not be allowed to own a weapon.

Red Flag laws target individuals exhibiting threatening behavior while protecting the liberty of responsible gun owners…

A so-called “red flag” law fills the gaps in criminal law and the laws governing mental-health adjudications by granting standing to a defined, limited universe of people to seek temporaryseizure orders — called gun-violence-restraining orders — for a gun if they can present admissible evidence that the gun’s owner is exhibiting threatening behavior.

Properly drafted, these laws can save lives while also protecting individual liberty. Improperly drafted, they grant the state an overly broad tool that can be systematically abused to deprive disfavored citizens of a fundamental constitutional right. 





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