‘Red Flag’ Laws Must Protect Due Process, Insists Second Amendment Foundation

Lady Liberty Justice
‘Red Flag’ Laws Must Protect Due Process, Insists Second Amendment Foundation

BELLEVUE, WA – -(AmmoLand.com)- Extreme Risk Protection Orders, generically known as “red flag laws” that allow the seizure of private firearms based on a complaint filed with the authorities must include and guarantee due process, or they shouldn’t be allowed, the Second Amendment Foundation said today.

Amid rising concerns about due process in the enforcement of such laws, which have already resulted in one fatal shooting in Maryland, SAF founder and Executive Vice President Alan M. Gottlieb said there is always the potential for abuse without careful scrutiny. He questioned the motives of some politicians who support “red flag” laws without consideration for the rights of affected gun owners.

“More needs to be done to keep politicians with power grab addictions away from people’s guns,” the gun rights advocate observed. “That is the ‘red flag’ kind of law we should all support.”

He also noted that these laws seem more concerned with taking away peoples’ guns and less concerned about keeping potentially dangerous people off the streets.

“If you send police to confiscate someone’s firearms because he is considered to be a threat to himself or someone else,” Gottlieb questioned, “but you leave that individual essentially on the loose, what’s to prevent that person from committing mayhem with a car or some other weapon? We’ve seen what happens when someone plows into people with a vehicle in New York, Toronto, and Nice, France.

“On the other hand,” he continued, “we’ve also seen cases where people have been falsely accused, and it has essentially ruined their lives. Nobody should be subjected to such legal abuse, essentially being considered guilty until they prove themselves innocent, and in the meantime having their Second Amendment rights suspended or revoked. After all, this is still the United States, not a police state.

“The Fifth Amendment,” he said, “guarantees that no person shall be deprived of life, liberty, or property without due process of law. Our legal system has endeavored to zealously protect that right. We should expect the same zealous protection of our Second Amendment right to keep and bear arms, because all individual rights are equally important. To violate one right in an effort to trample the other must never be permitted.”


Second Amendment FoundationThe Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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    Get OutOldvetVanns40JoeUSoonerThe Green Watch Dog Recent comment authors
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    justsayno
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    justsayno

    We do not need Red Flag laws. The police in the Parkland shooting stayed out of the building for over 30 minutes and “DID NOT” allow paramedics into the building for even a longer period of time. This allowed a higher body count; and we are supposed to have our due process waived because of someones opinion.

    TheHolyCrow
    Guest
    TheHolyCrow

    According to Wolfgang Halbig, who is an ex Florida State Trooper, school principal, and school safety expert, no paramedics or first responders were allowed into the alleged Sandy Hook school shooting scene either. In fact, he says, no medevac helicopters were called, but they did have Porta Potties delivered beforehand and a “Everyone Must Check In” sign, on site.

    Jim
    Guest
    Jim

    I “live” in Colorado–40 years. Shortly our openly gay, billionaire rich, newly elected openly ultra liberal Democrat governor will sign into law the strictest Red Flag law in the country as passed by our newly elected liberal Democrat house, and liberal Democrat senate. Thank you California for sending all your liberal losers into our state for the marijuana and escaping the goofy laws and taxes there so you can bring them here. Liberalism really is a mental disease!

    CRAIG
    Guest
    CRAIG

    ALL OF THIS IS RIGHT OUT OF THE HITLER ERA 80 YEARS AGO……LETS TELL ON OUR NEIGHBORS…Will not surprise me that there may be a few shot up neighbors if any of these type laws pass…ALL OF AND ANY OF SUCH LAWS ARE UNCONSTITUTIONAL….ANY POLITICIAN SUPPPORTING SUCH LAWS NEEDS TO BE THROWN OUT OF CONGRESS ON HIS/HER ASS…

    The Green Watch Dog
    Guest
    The Green Watch Dog

    They are called protection orders for a reason Craig. If you mind your P&Qs and keep your nose clean, then you should have nothing to worry about.

    Get Out
    Guest
    Get Out

    You forgot to include ERPO’s are also unconstitutional GWD, but then you’re a known snitch and something like this appeals to you.

    Vanns40
    Guest
    Vanns40

    Your post is a lie. Now, answer my question posted below on your other post. Or, in the alternative, I’m sure someone on the internet is aware of your identity…….

    You appear to be unstable……

    tomcat
    Guest
    tomcat

    @Vanns40 I sure do agree with what you said. Someone please come forward and identify this idiot. There is a very good possibility you could save a life or more than one. This GWD IS A GOOD CANDIDATE TO GO POSTAL.

    JoeUSooner
    Guest
    JoeUSooner

    Yes, they are indeed CALLED “protection” orders for a reason… specifically to dupe the general public into believing the outright lie that such orders will be benign but useful tools in stopping/slowing/preventing (or whatever action words are currently in vogue) the mythical concept of “gun violence.” The whole problem with such bills that fail to protect due process is that, even if you DO “mind your P&Qs and keep your nose clean,” you have no protection (none whatever) from being abused – particularly via someone else’s actions based upon irrational fears/phobias – or merely their spite. Despite your drivel to… Read more »

    TheHolyCrow
    Guest
    TheHolyCrow

    Yes sireee, as my uncle used to tell me, “They sure did learn their lessons very well from Der Feurer”.

    Ardvark
    Guest
    Ardvark

    More incrementalism, supported by the anti American clowns of both political parties!

    TheHolyCrow
    Guest
    TheHolyCrow

    3am Military Tribunals on their front lawns will bring a halt to these TRAITORS ! Drag them out of bed and make them face their charges.

    The Green Watch Dog
    Guest
    The Green Watch Dog

    “More needs to be done to keep politicians with power grab addictions away from people’s guns,” the gun rights advocate observed. “That is the ‘red flag’ kind of law we should all support.”
    As should be.
    Eventually an ERPO will be manicured nation wide where we all can support a Federal law.

    Robert J. Lucas
    Guest
    Robert J. Lucas

    Hogwash!…

    Green Mtn. Boy
    Guest
    Green Mtn. Boy

    Bravo Sierra,as well as unConstitutional.

    Get Out
    Guest
    Get Out

    GWD you should know by now after all of the pushback you get, there will never be an ERPO we will support.

    Wild Bill
    Guest
    Wild Bill

    @GO, the green rat fink used the word “manicured” as in cut. That scares me! I am terrified of the green rat fink. He is a threat! Somebody should search his house for anything that cuts or shoots trims fingernails.

    Vanns40
    Guest
    Vanns40

    AND, you never did answer my previous post where I queried: How would you react if I and three others anonymously notified the police that you had a lot of firearms and had been acting in a strange and seemingly unstable manner for days and we were afraid of you. These reports then resulted in the police obtaining an ERPO order and breaking down your door and confiscating your guns.

    Well……..?????

    The Green Watch Dog
    Guest
    The Green Watch Dog

    Vans40, If anyone reported me as a treat, then it would be easy for any court of law to immediately dismiss the case and question the one(s) who reported it. I am a citizen who looks out for other’s well being. As for guns, I do not own any as in my state it is not required to register one’s weapon(s). I do have a nice bb pistol that I have misplaced somewhere. I usually only comment on issues with ERPOs. Whenever the posts is filed away and are not on the front page of Ammo Land, I usually do… Read more »

    Vanns40
    Guest
    Vanns40

    You are not only ignorant of how these laws are written but have now exposed yourself to all as a complete fraud. I trust all will take the time to read your reply to me and digest the wording of it.

    Get Out
    Guest
    Get Out

    Vanns40, GWD thinks he’s immune from an ERPO because he thinks he’s a protected class. GWD would be appalled at the way he was treated if an ERPO was filed against him. He fails to understand that because of someone’s anonymous accusation he’ll be guilty until proven innocent.

    Get Out
    Guest
    Get Out

    GWD did you even read the ERPO requirements, from your statement to Vannes40 you didn’t. The person that files the threat complaint against you can remain anonymous and you would be denied facing your accuser and denied many of your rights longer than a few days. The encounter will also result in a psych evaluation and will be recorded in your permanent record should you be cleared.

    “If anyone reported me as a threat, then it would be easy for any court of law to immediately dismiss the case and question the one(s) who reported it.”

    TheHolyCrow
    Guest
    TheHolyCrow

    @GWD…I wonder if AmmoLand is keeping a record of your IPO address. It sure would be interesting to find out what foreign commie country you are posting from. You wouldn’t know some guys named Soros, or Bloomberg, would you ? Have you ever gone to the Frankfurt School of Marxism ? Or Columbia ?

    Vanns40
    Guest
    Vanns40

    He never answers my questions. I’ve posed the same question twice and he’s shown himself too much of a coward to engage. A really good hacker could backtrace him and I’m sure there’s someone who knows his true identity just as there are three or four here who know mine.

    Oldvet
    Guest
    Oldvet

    @Vann…He should really be put on a no fly list also .

    m.
    Guest
    m.

    sir: useless a**holes who make & pass these “laws” don’t give a s**t