The Purpose of Red Flag Laws
BY Herschel SmithThomas Massie writing at Red State on Red Flag Laws and Unintended Consequences.
But red flag laws remove all these due process protections. Based only on a written complaint, which could come from a relative, friend, neighbor, or police officer, a judge decides whether to take away a person’s guns. There is no ability to challenge claims or to offer testimony from a mental health care expert. Gun control advocates argue that the person should not even know that the judge may be deciding to take his or her guns. When a hearing finally takes place up to a month later, if the person in question cannot afford an attorney, they will not be provided with one.
When faced with the costs for a hearing, which may be up to $10,000, few people find that fighting red flag laws to keep their guns makes sense. Few defendants obtain legal representation, but the courts still overturn a third of the initial orders. The actual error rate is undoubtedly much higher, because many of those wrongly prosecuted don’t have a lawyer.
Oh, I don’t think these are “unintended consequences” at all. I think it’s all by design.