The Constitution Does Work, But Red Flag Laws Don't

The last gasp of a democratic republic is when the public trades liberty for safety, as evidenced by the “somebody do something“ cry of people who never learned history.

Recently, a friend said, "It's obvious the Constitution doesn't work." He was frustrated with the constant barrage of attacks on our rights, particularly on the right to keep and bear arms. It can certainly seem that way, but it isn't the Constitution that has failed. It's the application and adherence to the Constitution that has failed.  The federal government is explicitly constrained from infringing on our right to keep and bear arms, but that isn't stopping them from proposing unconstitutional laws and regulations. Several states passed clearly unconstitutional "red flag" laws in the last few years as ineffective responses to calls to "do something." 

A republic is never more at risk than when the public cries out "somebody do something." 

So what is a Constitutionalist to do? Now is actually a great time to talk to friends, neighbors and elected representatives to point out the obvious problems with many restrictive, unconstitutional laws and policies: because most people are being adversely affected by them. Even those who don't talk about it are noticing. And like clockwork, our right to keep and bear arms is again under threat by a slew of pre-written "gun bills" which won't stop crime but will hurt innocent gun owners. Now is the time to talk about it to everyone who will listen. 

Start with how red flag laws do not work to decrease violent crime and do not contain due process. 

Start with this article from Baltimore, 2018, just after the Maryland red flag law went into effect. The article describes the deadly effect of emotional “Somebody Do Something” feel-good laws passed in haste with no thought as to the constitutionality or human cost. This article describes the typical 5AM raid that kills an innocent person who did not commit any crime, yet was “flagged” for confiscation of guns. 

Use this as an example (one of many) why red flag laws must be repealed.  

Another example: The illustration below was recently tweeted by Pennsylvania Governor Tom Wolf. 

• Notice that feelings are "evidence". 
• Notice that, nowhere in this process, does Randy get to defend himself. 
• Notice also that he is accused only of thought-crimes, and that no one has to show that he has broken any law. 
• Also notice that nowhere is there a process for Randy to get his guns back. 
• And, notice, nowhere in this process does it say that certain legally protected groups do not get flagged, and if they are then they are released from jail without bail. 
• Also, it goes without saying that the entire process above is 100% unconstitutional and violates six amendments under the Bill of Rights (Second, Fourth, Fifth, Sixth, Tenth, Fourteenth) and the Constitutional requirement for equal protection under the law.  

Keep emphasizing these points.

This is why red flag laws don’t work. It also may be why my friend felt that the Constitution doesn't work, when it actually does work well, when enforced properly, but only with people in charge respect it  and apply it equally. Let's help re-educate those in our circles who have forgotten how our Constitution actually does work and remind them that freedom is worth the effort.