The white-hot arguments swirling around so-called “red flag” laws center on the utter lack of due process afforded to some citizens when authorities seize their firearms.
In New York state, this controversy reached Gov. Kathy Hochul’s (D) desk last week as she signed two contentious gun control bills into law.
One would require that officials seize firearms and other weapons found by authorities during domestic or family violence calls. The other dramatically increases the state’s “red flag” program for gun confiscation.
Law enforcement officers under the new law have no choice but to seize weapons
According to Senate Bill S.1985A, authorities “shall take temporary custody” of firearms if called to a family disturbance. Amazingly, there is no discretion rendered to the police to determine if such a drastic action is necessary.
Even further, law enforcement officers are mandated to seize “any license to carry, possess, repair, and dispose of such weapons…for not less than 120 hours.”
Anti-gunners think nothing of encroaching on due process rights
Actions designated as triggers for this confiscation are many.
If the victim alleges that they were threatened with a weapon, if they answer “yes” to a series of “lethality assessment” questions, and if there is a belief by officials that the seizure would protect another from being harmed, seizures may proceed.
There are serious concerns among Second Amendment advocates over the ease with which a person may file a false report. Without due process afforded to the accused, they are subject to having their rights violated over nothing more than word of mouth.
No one is more adamant about keeping firearms out of the wrong hands than a Second Amendment supporter. Where they draw the line is at arbitrary confiscation without due process rights guaranteed by the Fourteenth Amendment.
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