When you have to ask for a right, it ceases to be a right and becomes a privilege. And privileges, like freedom, can be taken away. The right of the people to keep and bear arms is enshrined in the Second Amendment to the United States Constitution and it cannot, constitutionally, be taken away. So-called red flag laws are an attempt to do just that, demote the “right” of the people to bear arms to a mere privilege. Championed by left-wing politicos who would prefer we view the Bill of Rights, not as a sacrosanct guarantee of individual liberty, but rather an à la carte menu of daily preferences, red flag laws are, although often well-intentioned, ill-conceived reactionary surrenders of our Constitutional liberty. It would be both curious and dangerous to see exactly how many other “rights” and liberties they truly believe are subject to such daily whims.
Red flag laws allow individual judges to issue orders allowing law enforcement to seize firearms from American citizens, not on the basis of any committed crime, but rather, based solely on the beliefs of others. Red flag laws allow for ex-parte hearings, that is, proceedings without the accused even being present to defend him or herself. Red flag laws require the accused to appear before a court, after an order has been issued, and make an argument in defense of their rights. The accused must demonstrate, to the satisfaction of a judge who may or may not be friendly to 2nd Amendment rights, that they should be allowed to exercise their constitutional rights. Most importantly, red flag laws are ripe for abuse in any number of fashions. Red flag laws create an undue burden on citizens to prove that they are entitled to exercise their constitutional rights.