'Red flag' laws will hurt red states that support Trump
By Jason S. Johnson, opinion contributor — 09/24/19
Extreme risk protection orders (ERPOs), colloquially known as “red flag” laws, aim to disarm potential mass shooters before they carry out their deadly crimes. Following recent attacks in Texas and Ohio, adopting a federal red flag statute has attracted supporters from both parties, including Sens. Diane Feinstein (D-Calif.) and Lindsey Graham (R-S.C.). It seems like an easy win. Who would oppose keeping firearms away from those suffering from homicidal ideation?
Yet lost in the clamor for stricter gun control are the unintended consequences of red flag laws. Already enacted in 17 states (all but two of which voted for Hillary Clinton during the 2016 presidential election), the primary petitioner in each state apart from Vermont is law enforcement. Most states also allow family members to initiate an ERPO; Hawaii even allows a co-worker to petition.
In the same vein, Feinstein has proposed a bill mandating that law enforcement must be included as a petitioner, and states are free to add other entities to the list.
Police officers do an excellent job of protecting citizens when called upon, but their track record as arbiters of constitutional law is less than stellar (see civil forfeiture). Further, empowering police to punish “would-be criminals” in a Minority Report-esque fashion should raise red flags of its own.
In August, journalist Stephen Gutowski drew attention to a case in Philadelphia where NBC News reported that police had seized a “massive arsenal” including “multiple grenades” from a suicidal man. In reality, the 39 guns and inert grenades belonged to an elderly hobbyist who had been building his collection since youth. Despite committing no crime, nor making any homicidal threats, he now faces the prospect of seeing that collection destroyed while being villainized as a dangerous criminal. While Pennsylvania has yet to enact a red flag law, we can expect to see an upswing in such cases should a federal law pass.
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Originally Posted by phill4paul
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