What we do not need is yet another pretext by which government officials can violate the Fourth Amendment at will under the guise of public health and safety.
Indeed, at a time when red flag gun laws (which authorize government officials to seize guns from individuals viewed as a danger to themselves or others) are gaining traction as a legislative means by which to allow police to remove guns from people suspected of being threats, it wouldn’t take much for police to be given the green light to enter a home without a warrant in order to seize lawfully-possessed firearms based on concerns that the guns might pose a danger.
Frankly, a person wouldn’t even need to own a gun to be subjected to such a home invasion.
SWAT teams have crashed through doors on lesser pretexts based on false information, mistaken identities and wrong addresses.
Nineteen states and the District of Columbia have adopted laws allowing the police to remove guns from people suspected of being threats. If Congress succeeds in passing the Federal Extreme Risk Protection Order, which would nationalize red flag laws, that number will grow.
As The Washington Post reports, these red flag gun laws…
allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.”
In the wake of yet another round of mass shootings, these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.
Of course, it doesn’t always work that way.
Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.
With these red flag gun laws, the stated intention is to disarm individuals who are potential threats… to “stop dangerous people before they act.”
While in theory it appears perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others, where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.
We’ve been down this road before.
Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.
This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.
This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.