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Red Flag Laws are Unconstitutional and Unwise

My Take on Why Red Flag Laws are Unconstitutional and Unwise:

After the tragedies of last weekend, our politicians decided that we need to “do something.” That something, of course, is implement unconstitutional gun control laws. Namely, politicians such as Dan Crenshaw and pretty much all of the Democrats want to implement red flag laws. Those red flag laws are unconstitutional and unwise.

Why Red Flag Laws are Unconstitutional:

Why are red flag laws unconstitutional and unwise? Because they strip law-abiding citizens of their right to keep and bear arms. Remember, that is a right that the Founders said “shall not be infringed.” They didn’t say that right could be infringed if an otherwise law-abiding citizen “might” pose a danger. If a person is dangerous or has broken the law, then they should be arrested. If they aren’t or haven’t, then they should be left alone. Constitutionally, there is no in between.

Yes, there are obviously cases where someone poses a threat to themselves and others and shouldn’t have access to weapons. But, if that is the case, then their weapons shouldn’t just be taken from them by the ATF. That’s an unconstitutional recipe for disaster that would almost certainly lead to widespread outrage and violence (which are two reasons why red flag laws are unwise).

Additionally, red flag laws give too much power to the accuser. In America you are innocent until proven guilty. The Democrats’ abdication of that principle during and after the Russia investigation is why the Mueller report and its aftermath are both so dangerous to America. With the passage of red flag laws, America would again be turning its back on the principle of being innocent until proven guilty. So that’s yet another reason why red flag laws, like all gun control laws, are unconstitutional.

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Why Red Flag Laws are Unwise:

Finally, red flag laws are unwise because in passing them America would be turning its back on the Constitution for no real gain. Despite what the gun control lobby might tell you, mass shootings account for only a tiny fraction of firearm-related deaths each year. And when viewed in the context of total homicides each year, mass shootings account for an insignificant fraction of those deaths. So even if they were all stopped by the passage of red flag laws, the net effect would be almost zero.

In reality, nowhere near all of the mass shootings that happen each year would be stopped by red flag laws. Most likely, maybe one or two would be. Are we supposed to give up our constitutional right to due process to stop one violent crime a year?

No! Or in the words of Patrick Henry, “forbid it almighty God!” Doing so would be unwise, unconstitutional and un-American. The rights to due process and innocence until proven guilty are hugely important. It would be unwise to sacrifice them for such limited gains.


It is important to strike a balance in the tension between liberty and safety. Our current gun laws, such as instant background checks, already do that. There is no reason to pass more gun control laws, especially those unconstitutional and unwise red flag laws, other than as a way to skirt around due process and disarm the populace.

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As the meme at the top of the page shows, strict gun control laws are instruments of tyrannical governments. Despite the seemingly bipartisan consensus on red flag laws, those red flag laws are unconstitutional and unwise. They’re a tool of tyrants, not benevolent representatives. Challenge and correct anyone who tells you otherwise.

The flags at the top of the page are all the flags of socialist nations. Socialism and gun control don’t mix well; they lead to tyranny and political violence. Americans should support neither of them.

By: Gen Z Conservative

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