So-Called ‘Red Flag’ Laws Threaten 2A Rights of Law-Abiding Americans and Violate Due Process

Katie Pointer Baney | Aug 15, 2024 | Townhall

In 2002, Steven Spielberg’s “Minority Report” depicted a dystopian future where individuals could be arrested for crimes they hadn’t yet committed. Two decades later, as lawmakers push for so-called “red flag” laws, allowing the government to confiscate firearms based on perceived threats, the film’s warnings feel increasingly relevant.

At the heart of the American justice system lies the principle of due process—a safeguard ensuring that no person is deprived of life, liberty, or property without appropriate legal procedures. Red flag laws threaten to circumvent these fundamental rights. In many instances, firearms can be confiscated based solely on accusations of potential threats, often without the gun owner’s prior knowledge or immediate opportunity to contest the allegations in court. 

This preemptive approach, where individuals are punished based on what they might do rather than what they have done, sets a dangerous precedent. It represents a dramatic shift from “innocent until proven guilty” to “guilty until proven innocent”—a change that should alarm all Americans, particularly the millions of law-abiding gun owners who have chosen to be their family’s first line of defense.

The debate surrounding red flag laws has only intensified in recent days with the elevation of Vice President Kamala Harris to the presumptive Democratic nominee for president and her selection of Minnesota Governor Tim Walz as her running mate. Both have been strong proponents of these laws, ignoring concerns expressed by gun owners and the Second Amendment’s freedoms guaranteed in the U.S. Constitution.

Currently, more than 20 states have red flag laws on the books, and the Biden-Harris administration has made no secret of its desire to expand this nationwide. Legislation signed by President Biden in 2022 incentivized states to pass and implement these laws, and a new national office has been created to aid in their implementation. Coincidentally, earlier this year under Governor Walz’s administration, Minnesota became the latest state to implement these laws.

Read the full op-ed from Townhall HERE