By: Teresa Mull
President Trump has once again voiced his support for unconstitutional, ineffective, and dangerous red flag gun confiscation laws.
The National Association for Gun Rights reports:
In case you missed it, President Trump just called for “Red Flag” gun confiscation laws in a nationally televised speech from the White House just a few minutes ago.
Here’s exactly what the President said:
“I have called for red flag laws, also known as ‘extreme risk protection orders.’”
In his speech, President Trump reminded us that he signed the 2018 FIX-NICS gun control law, and that he unilaterally banned “bump stocks.”
Earlier this year he also called for banning firearm suppressors.
Now his call for full-on “Red Flag” confiscation throws the doors wide open to Pelosi, Schumer and the gaggle of Democrat presidential hopefuls.
“Universal background checks” (gun registration), further accessory regulations, a new “Assault Weapons” Ban, AND “Red Flag” gun confiscation. It’s all on the table.
Red flag laws, in general, as GPM has reported repeatedly, allow a person to petition a court to seize someone’s weapons if they deem them to be a danger to themselves or their community because of their mental health.
A court then conducts an ex parte hearing, in which those seeking an order against someone provide evidence that a respondent is a danger to themselves or community.
The respondent is not made aware of the hearing, but nevertheless bears the burden of proving him or herself innocent.
The Hill reports:
Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.) said on Monday that he will introduce bipartisan legislation encouraging states to create "red flag" laws and that President Trump is "very supportive" of the idea.
Graham, in a statement, said he has reached a deal with Sen. Richard Blumenthal (D-Conn.) on a bill that would start a federal grant program to help and encourage states to create " ‘red flag’ protection order" laws, which are meant to make it easier for law enforcement to identify mentally ill people who should be banned from purchasing guns.
“These grants will be given to law enforcement so they can hire and consult with mental health professionals to better determine which cases need to be acted upon. This grant program also requires robust due process and judicial review. It does allow for quick action," Graham said in the statement.
He added that he spoke with Trump earlier Monday "about this proposal and he seems very supportive."
Gunpowder Magazine has reported repeatedly on “Extreme Risk Prevention Orders” (ERPOs), otherwise known as “red flag” gun confiscation laws, which are pitched as a way to get guns out of the hands of people who are a danger to themselves or others.
Red flag laws are unconstitutional and present many problems, as GPM’s Ted Patterson noted in 2018:
What does “high risk” mean? Who defines whether someone is a danger to themselves or others? Would such measures be effective?
In different cases, the shooters have shown no history of a criminal record or documented mental illness. And even cases in which there were documented issues, the government bungled addressing them anyway (Parkland, Florida’s Nicholas Cruz comes to mind).
Because criminal records or documented evidence of a “high risk” individual have sometimes been hard to find for shooters, ERPO laws are designed to give the government power to take guns away based on the simple fear of someone taking action.
Teresa Mull is editor of Gunpowder Magazine. Contact her at [email protected].