Red Flag Laws are Unconstitutional
Posted: Fri Sep 06, 2019 8:21 am
Judge Andrew Napolitano wrote a very good article on the constitutionality of red flag laws. He also gives an accurate summary of the origins and purpose of the 2nd Amendment.
https://www.foxnews.com/opinion/judge-a ... -something
https://www.foxnews.com/opinion/judge-a ... -something
The debate over the Bill of Rights was not about rights; that debate had been resolved in 1776 when the Declaration of Independence declared our basic human rights to be inalienable. The Bill of Rights debates were about whether the federal government needed restraints imposed upon it in the Constitution itself.
The concept of a “red flag” law — which permits the confiscation of lawfully owned weapons from a person because of what the person might do — violates both the presumption of innocence and the due process requirement of proof of criminal behavior before liberty can be infringed.