Another warning about 'red flag' laws versus Constitution

Monday, August 12, 2019
 | 
Chris Woodward (OneNewsNow.com)

Police raidPresident Donald Trump and Congress appear to be on the same political page over so-called “red flag” laws but a medical doctor and 2nd Amendment supporter is throwing up red flags of his own.

"I think the idea of trying to keep guns away from people who may be dangerous with them is very important," says Dr. Robert Young, executive editor of Doctors for Responsible Gun Ownership (DRGW). "But there is no red flag law now, or as proposed, that does that in any constitutional way, ensuring proper due process to the subjects of these orders."

“Red flag” laws allow law enforcement to confiscate firearms if a person is found to be mentally unstable, or a danger to others, and Americans in 17 states are currently under such controversial laws.

In the U.S. Senate, Republican Lindsey Graham is working with Sen. Richard Blumenthal to introduce red flag legislation in the Senate Judiciary Committee that creates a federal grant program.

"Mental illness and hatred pulls the trigger, not the gun," the President said during a White House address last week. "That is why I have called for red flag laws."

According to Young, despite the good intentions of the laws, it boils down to a person being discussed in court without being told of the hearing and therefore having no legal right to defend themselves.

“And the first they hear about it,” Young complains, “is when the police knock on their door.”

Abraham Hamilton III, general counsel for the American Family Association, and a former prosecutor, made much the same argument last week, suggesting that “red flag” laws violate numerous constitutional rights.

The website for DRGO includes a page about “protective orders” and states the rights of the individual must be protected or else a “red flag” law violates the 4th Amendment,  5th Amendment, 6th Amendment, and 14th Amendment.

Young, a psychiatrist, says it has been claimed that “red flag” laws have saved people’s lives.

“I have not seen any data that argues that,” he says. “I just hear claims."


Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates OneNewsNow.com.

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