Congress is seeking a bipartisan path to address back-to-back mass shootings but a former prosecutor says that idea would trample on numerous constitutional rights in a secretive court hearing.
President Donald Trump, meanwhile, is causing a stir among his base after stating he is open to more restrictions of background checks.
Describing the current red flag laws, attorney Abraham Hamilton III told American Family Radio that the stated intention is to keep people safe from people who pose a public danger.
But there are serious constitutional problems, he said, when “Joe” is being discussed in a courtroom without legal representation, and a ruling against him violates his right to own a firearm, the right to due process, and his protection from unreasonable searches and seizures, among others.
“Some [states]would take the guns and never return them. No financial compensation or anything like that,” Hamilton, a former prosecutor, warned. “So you are literally traipsing the 2nd Amendment, 4th Amendment, 5th Amendment, 6th Amendment, 8th Amendment."
Commenting on the "red flag" laws via Twitter, Texas-based radio host Jesse Kelly warned about the Far Left targeting conservatives, linking to a congressional proposal to compile a "white national" list.
"The Democrats and the media have spent two years accusing every Trump voter of being a 'white nationalist.' Now they want to put me on a government watch list," Kelly wrote. "Is it really a big leap to see where this ends?"
National Review writer David French, however, writes on its website that "red flag" laws can work properly if they follow constitutional procedures. such as presenting a burden of proof and allowing the respondent to contest the claims against him. He also admits, however, that there are "poorly-drafted" reg flag laws in some states.
President Trump, meanwhile, is drawing the ire of the NRA --- and likely his own grassroots supporters --- for public stating he is open to tighter restrictions on background checks.
“Red flag: NRA warns Trump,” read the headline Thursday on the well-read DrudgeReport.com.
The story linked to a Washington Post story quoting White House officials who say the president is “open” to backing “extensive background checks” after the weekend shootings.
It’s not as if Trump is hiding his plans, either.
“I’m looking to do background checks,” Trump told reporters this week.
There is a “very strong appetite” for tighter restrictions on firearms, he also said.
According to Hamilton, he predicts Trump will move forward with red flag laws in coming days unless he hears from his base.
“It’s my opinion,” Hamilton said, “that President Trump's instincts lead more towards gun control than he does against it."
Editor's Note: American Family Radio is a division of the American Family Association, the parent organization of the American Family News Network, which operates OneNewsNow.com.