Reply to the Editor | Scrappy On Red Flag Laws

(This is in reply to Justin Stapley’s Editor’s Corner articles on Red Flag Laws: My Thoughts on Red Flag Laws and On Red Flag Laws, My Threshold of Support Would Be Steep)

There should be no difference in regard to the 2nd Amendment (2A) to whether or not this is a possibility at state or federal level. State Red Flag laws (RF) are already an overreach in all states that have them and are in use.
Three procedures (in all states, my understanding) can be initiated already:
1. Potential criminal investigation
2. Welfare checks
3. Conservator-ship (almost forgot this, it’s very important dealing with family and mental issues).
“Positions of Trust” is questionable language. In all states (my understanding) law enforcement can unilaterally without evidence (only sworn affidavit) use the existing Red Flag Laws. We’re definitely in agreement that current Red Flag Laws are wrong.
Seeking to trigger by current Red Flag is addressed in #3. In the case of #2, if just cause is shown they go before a judge anyway for a warrant. Or, if in the conduct of the procedure the danger is immediate, they can intervene immediately.
“Afforded” a court appearance after is the new due process. Red Flag Laws redefine due process completely in the face of current procedures to deal with potential threats. It is an end-run of established due process that is legally standing in regard to 2A protections.
Red Flag Laws are, by their nature, predicated on hearsay of one man against another, unless a criminal or welfare investigation is ongoing. Those 3 processes already in place give the subject notice that an accusation of wrongdoing, or potential for wrongdoing, has been brought forward. IE, an arrest in the case of an ongoing investigation or otherwise; Red Flag Laws do not.
Red Flag Laws infringe on the 1st Amendment if used in the new due process (NDP) against the person, which would fall on the 4th Amendment if rhetoric but did not cross the Ability Opportunity Jeopardy (AOJ) line. The NDP forgoes the 6th Amendment in the case of seizure without trial or cause by grand jury indictment of person. The 7th Amendment is also violated in that it is not a criminal issue in regard to forfeiture of that property without cause nor indictment as a crime. Taking someone’s property (even seizure of a vehicle) requires foreknowledge by the affected party. Even cars are not repo’d without quite a bit of notice.

Hopefully, this clarifies my stance as to why Red Flag Laws are, on their face, wrong and how they are an end-run past current due process which has oversight already in place. These things have been on my mind and discussed since Columbine.