The Wall Street Journal‘s Editorial Board had one in its piece last Wednesday. In that opinion, the Editors touted the gun control “compromise” then-soon to be passed by the Senate (and actually passed the next evening). One of the things of which the Board is so enamored is this mandate:
The state laws must contain due-process protections—including the right to an in-person hearing, to know the evidence used to justify a red-flag order, and to have counsel present.
Noting Orwellian here.
It isn’t possible for red flag laws to have due-process protections. The accused’s weapons are confiscated solely on the accusation of another, and the accused must then prove his own fitness in order to get them back—a process that takes weeks, at best. On his success, it then takes additional weeks to months actually to get his weapons returned. So much for the government’s requirement to prove the charge.
That’s the destruction of the accused’s due-process, not the protection of them.
Red flag laws also are destructive of due-process protections for related persons. If another, unaccused, is in the same household and legally owns weapons, those are seized too, all in the name of denying the accused any access at all. That ancillary person then must then go into court and defend her possession, taking weeks to do so, and taking additional weeks to months actually to get them back. So much for the government’s requirement to prove the unrelated person’s unfitness to have her weapons.
That’s the destruction of the related person’s due-process.