California allows for firearms to be confiscated under so-called red flag laws. The Gun Violence Restraining Orders went into effect in 2016, but 2020 was a record-setting year.
Judges in California successfully confiscated a record 1,285 firearms last year, Breitbart reported. The guns were ordered to be temporarily removed from those who were identified as a threat.
While the laws are ostensibly meant to keep guns out of the hands of people who might pose a threat to themselves or others, the fact that it tramples Second Amendment rights is troubling. Judges are empowered to hand down their decisions, sometimes without ever interviewing the person whose weapons are being confiscated.
Some also argue that the measure isn’t very effective either. “The truth is that it is very rare to know in advance when someone is going to be dangerous with a firearm,” Adam Winkler, UCLA law professor, said. “This is not going to make a huge dent in our gun violence statistics.”
President Joe Biden has proposed similar federal legislation, Fox News reported. He made the announcement last month under the auspices of addressing the “public health crisis” of gun violence.
Second Amendment advocates have cautioned against such nationwide measures, but Biden insists the red flaw rules would not infringe on those rights. “Nothing I’m about to recommend in any way impinges on the Second Amendment,” he said. “These are phony arguments suggesting that these are Second Amendment rights at stake from what we’re talking about.”
He went on to say that “no amendment to the Constitution is absolute” and later asserted that “you couldn’t own any weapon you wanted to own” from its inception. “From the very beginning the Second Amendment existed, certain people weren’t allowed to have weapons,” Biden insisted. “So the idea is just bizarre to suggest that some of the things we’re recommending are contrary to the Constitution.”
Democrats hide behind seemingly commonsense legislation as they push further to infringe on Americans’ Constitutional rights. Red flag laws may have their place, but implementing them fairly and properly is already worrisome on the state level and has no place in American federal law.