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Red Flag laws; A Gun Confiscation Loophole?

      4/5/2018

Gun Confiscation

                                                                                                                                                                                                                                                 

Red flag laws are laws that have been instituted in states like Washington for many years. Red flag laws are laws where you can have your firearm confiscated at the request of close family members. After the shooting in Parkland, Florida many states are considering passing red flag laws to try and limit mass shootings. There are currently 30 states on the verge of passing these laws, many of these states being Liberal.

What kind of evidence is needed for the confiscation of your firearms under red flag laws?

Red flag laws are currently instituted in six states, one of those being Washington.

Red flag laws require evidence such as acting suspicious for family members to request confiscation. Alexander Mackenzie, a 31-year-old Army veteran, had his concealed carry weapon confiscated after he was “acting strange” and staring at customers of his pizza restaurant. Mckenzie was also being treated for PTSD and was a danger to himself or others, via Fox News. After the guns were removed due process was given and he had his guns taken for one year. Judges hear these cases and rule whether or not the person is a danger to themselves or others.

These laws are a violation of the second amendment as they stand and will likely be abused at some point. Almost all of the mass shooters in the United States have had some form of a mental illness, although one must consider who will be the arbiter of mental health first.

While these laws may help limit mass shootings (positive externalities) they may need some work. In order for these laws to be accepted, there must be due process before the guns are taken. It’s a direct violation of the constitution to deny someone the right to self-preservation and property without due process. Also, there must be more than one person judging whether or not the person is a harm to themselves or others.

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