No White Flag on Red Flag Laws

Red flag laws? No.    

I get that people don’t like the idea of scumbags murdering kids. I don’t either, which is why I want criminals prosecuted and cops in schools. And I understand the appeal of a process to take away the guns from people we would all agree are bad but who have not yet actually gone and become felons or certifiable crazies. I have friends who argue for these laws, confident that our rights will be protected by due process. But I do not share their faith; if the last few years has taught us anything it is not to put our trust in institutions to do their constitutional duty when it conflicts with their political preferences. But even if a fair process could be established, the idea of red flag laws is entirely based upon a flawed premise. The premise is that you can just take a right away because you think it’s a good idea. It’s hard to see the due process when someone being processed has done nothing wrong. That’s key – if they have done something wrong, there are already constitutionally sound ways to restrain them.

You don’t get to take people rights

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