Certainly, we should be wary of attempts to “predict” future crimes or punish people for actions they might commit in the future. When properly narrowed, however, red flag laws can play an important role in protecting the public from individuals who show clear and repeated indications that they are a danger to themselves or others.
To be unobjectionable, these laws must afford meaningful due process protections to those accused of being dangerous and be temporary in nature, with restrictions on Second Amendment rights limited only to the time where the person continues to be dangerous.
Among other considerations, these laws should include narrow definitions of “dangerousness” that are based on objective criteria, require accusers to meet high burdens of proof such as “clear and convincing evidence,” and offer meaningful remedies for those who are maliciously and falsely accused.
You can learn more about red flag laws here:
- Tackling Questions About Colorado’s Red Flag Law and the Second Amendment
- Part III: The Current State of Laws Regarding Mental Illness and Guns
The current national conversation on firearms is loud and convoluted, with advocates on all sides wishing to create simple and easy solutions for a complex problem. But gun-related violence does not lend itself to “talking point” answers.
It’s a serious topic that deserves a serious response—one based on facts and measured analysis, not driven by fear or knee-jerk reactions.