Red Flag Gun Laws

In which I disagree with Ben Shapiro and others who support red flag gun laws.  There are a number of reasons for my disagreement; here are some, in no particular order. They are, each of them individually, must less collectively, deal breakers.

There’s considerable concern—legitimately so—about going through due process to protect the rights of the individual being “accused” of mental instability or of being dangerous otherwise to folks with whom he might come in contact (home, shopping mall,…). If the man truly is that dangerous, though, the court process cannot act quickly enough to mitigate the situation in the real time during which the danger supposedly exists.

There’s the question of defining “mentally unstable” or of defining other parameters of actionable danger the man allegedly represents.  Psychiatric problems have a myriad ways of manifesting, each unique to the man and to the environment in which he exists.  A stroll through the Diagnostic and Statistical Manual of Mental Disorders (DSM-5 is the current edition) illustrates the problem: this is not something a layman can easily understand or apply—and it’s a layman, a cop initially and a judge finally, who will make the decision, for all the “expert witnesses” that will be brought by the conflicting parties to the case).  Even assuming precise enough definitions and diagnoses, both assessments and treatments are concomitantly varied, and they’re slow to diagnose and slow to bring effect. The slowness to identify also prevents timely enough action to mitigate the situation in the real time during which the danger allegedly exists.

There’s the question of who makes the determination of the mental/criminal danger and of what the action should be.  We’ve seen the outcome of government definitions (regardless of any DSM, it’s Government that writes the laws and the legal definitions)—the Gulag of Soviet Russia, the “reeducation” camps of the People’s Republic of China’s Mao Tse-tung and Xi Jinping.  Pol Pot and Saddam Hussein didn’t bother with such niceties; those two just had their undesirables executed.

Each of those, too, constitute prior restraint—acting to limit the ability of a man to act before he acts.  Such prior restraint is the stuff of tyranny. Yet we’re already seeing a ravening thirst on the part of our Progressive-Democrats to engage in prior restraint: those who disagree with them are variously racist, anti-immigration, excessively religious, and on and on.

There is no consideration of the rights of other members of the “dangerous” man’s household.  Their Second Amendment rights would be grievously abused were weapons removed from that man’s household.

That rights abuse becomes dangerous, potentially lethally so, in the case of domestic abuse.  The man’s—the household’s, the abused spouse’s, the child’s—access to weapons is blocked, but the abusive man is still in the house, now with a spouse and one or more children who’ve been denied any means of defense.  And he’s angry from the accusation and the resulting restriction.

Related to this are divorce and child custody cases.  Both of these classes of case are rife with (which is not to say universally so) one or both parties vilifying the other in order to gain advantage in the divorce or child custody.  This is an environment that begs for the abuse of false, or even just emotionally-driven erroneous, accusations of a danger necessitating taking away the weapons.

There’s the false positive: the man is accused and then found not to be the unstable or otherwise dangerous individual originally believed. How does he get his destroyed reputation back?  The blowback for a false accusation of which Shapiro spoke cannot restore the destroyed reputation.  The blowback can only get a sum of money—which has little value to a man whose reputation has been shredded.

There is, also, the false negative: the man is incorrectly found not to be the unstable or otherwise dangerous. Now he’s not only still dangerous, but he’s been warned that he’s being watched.  And perhaps seeking vengeance for the accusation, or his potential actions made even more lethal, and more likely.

All of this, too, results in targeting the tool; the man who might use the tool is considered only secondarily, if at all.

Then there’s the constitutionality of the matter.  Here’s the Second Amendment:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

There’s nothing in there—not a syllable—remotely resembling a but for.  There is no phrasing suggesting “except when Government, or a Government-appointed body, decides a man might be dangerous some time in the future.”  The right to keep and bear Arms[] shall not be infringed.  Full stop.

Finally, there’s the matter of limiting principles.  Red flag laws—gun control laws in general—do not carry with them any articulation of a limiting principle that says the law or the evolution of the law goes thus far and no farther.  There is no articulation of a natural limit that blocks further restriction even were the relevant authority wishing to go farther.  The law will just continue to have its definitions and restrictions broadened and tightened in accordance with the wishes—well-intentioned or other—of succeeding administrations.

Shapiro said in his The Ben Shapiro Show, as cited by Fox News, that

partisan anger and political abuse of proposed red-flag gun laws could lead to a power grab by the government if statutes and regulations aren’t instituted properly.

Indeed. And as just laid out, those statutes and regulations cannot be instituted properly. It’s an impossible task.

Shapiro went on:

This is why I say that when the left targets everybody on the right as a potential shooter or a supporter of a shooter, they’re undermining the ability to actually pass laws that could actually do something about this stuff. So, normally we should all be able to agree on a red-flag law.

Again, no.  We are not able to agree on a red-flag law. Not ever.  But not because the Left will always be with us, trying to take our guns away from us on any excuse at all, or because the Right will always be with us saying don’t touch our guns in any way whatsoever.

Rather because safeguards do not, cannot, exist. To paraphrase James Madison, hopefully not too badly,

If men were angels, no Arms would be necessary.

We’re not angels.  We’re men, individual citizens, and operators of government.  Imperfect men. The Second Amendment is our only protection.  The limiting principle there is clear: shall not be infringed, with no caveats or exceptions.

There’s Surveillance

…and there’s surveillance.

The FBI is looking at ways to scan Facebook (and Twitter, et al.) postings with a view to proactively identify and reactively monitor threats to the United States and its interests.

In late 2016, following an investigation by the American Civil Liberties Union into social-media monitoring done by outside developers on behalf of law enforcement, Facebook and Twitter cracked down on those services and explicitly banned the use of their data for surveillance purposes….
Facebook’s ban allowed law-enforcement agencies to look at public profiles manually but not use software designed for large-scale collection and analysis of user data.

Because

the restrictions reflect a growing understanding that even information posted to a public social network can be misused when gathered in large quantities and paired with outside data sources.

But Facebook’s objections (and they’re not the only Big Tech objectors) are just a bit precious and not a little bit hypocritical. Facebook does exactly that sort of surveillance—with software, mind you—explicitly with a view to selling those connections to advertisers, and others.

The only difference is claimed purpose.

If such surveillance is a bad thing—and it most assuredly is—Facebook, et al., need to cut it out, too.

Lies of Progressive-Democrats

Here’s another.  Recall Congressman Joaquin Castro’s (D, TX, and brother of Progressive-Democratic Party Presidential candidate Julian Castro) doxing of donors to a Trump campaign organization.

[T]he Texas congressman’s original tweet included a list of San Antonio residents who had donated large amounts to the Trump campaign, along with the names of their employers. …
“Sad to see so many San Antonians as 2019 maximum donors to Donald Trump,” Castro tweeted, along with the Twitter handles of several owners of local businesses who apparently donated to Trump. …
The list—titled “WHO’S FUNDING TRUMP?”—had 44 names of donors and their employers.

Now Castro is claiming the list was no problem at all.

[He] is not backing down from his tweet outing Trump donors in San Antonio, insisting they weren’t “targeted or harassed” and that it wasn’t a “call to action.”

And that’s Castro’s straight-up lie.  The exposure itself was a targeting move, and a call to action—a call to harass those 44 folks who’s only wrong-doing was their effrontery of disagreeing with Castro.  Castro knows this, and in his own words to House Minority Leader Kevin McCarthy (D, CA), Castro is too cowardly or agreeable to Party to admit his misbehavior and to correct it.

I’ll add a couple more words: Castro’s behavior is typically dishonest.

Castro’s claim that the data he published were already publicly available? A cynically offered sophistry. He didn’t need to broaden the availability.  He chose to do so, though, for his carefully developed and executed purposes.

Warrant-Proof Encryption

Attorney General William Barr, in front of the International Conference on Cyber Security at Fordham University, said that

“warrant-proof” encryption was “enabling dangerous criminals to cloak their communications and activities behind an essentially impenetrable digital shield.”

Of course.  And the FBI, in the aftermath of a mass-shooting in California a while back, (in)famously said that it needed Apple to crack the lock on one of the murderer’s smartphone so they could read it, insisting they were helpless without Apple’s cracking (and they demanded then, too, that Apple install encryption backdoors on its commercial cell phones).  Then the FBI hired a third party, which cracked the encryption forthwith.

And before that, crime investigations were hindered by lack of fingerprints because the crooks wore gloves.  Until DNA technology and testing opened other avenues of identification.  With search warrants required before that DNA could be sought out from individuals so that crime scene deposits could be matched.

And before that wired messaging, done privately, hindered crime investigations until wire tapping technology opened that for investigation.   With search warrants required before wire tapping could be done.

It’s always an arms race between the bad guys and the good guys.  And the good guys always win in the end, because they’re always able to get the better technology.

This time, The Wall Street Journal says, is different, though, via its subheadline at the link:

[Barr] offers no clear path forward

Of course, there is a clear path forward: get a warrant.  Do old-fashioned detective work.

And: hold onto that communications device. There’s no such thing as unbreakable (and so warrant-proof) encryption, there’s only encryption that can’t be broken today.

The PRC and Facial Recognition

The People’s Republic of China is moving “beyond” the use of smart phones for making on-the-spot retail payments, starting to supplant that with facial recognition—with personal images tied to personal financial accounts.

Ant Financial Services Group and Tencent Holdings Ltd, rivals that operate, respectively, Alipay and WeChat Pay, China’s two largest mobile-payments networks, are competing for dominance in the next stage of China’s cashless society. Each is racing to install its own branded facial-recognition screens at retail points-of-sale all over the country, marketing the screens as a way to speed up sales and improve efficiency.

Marketing the screens as a way to speed up sales and improve efficiency.  A way to speed up and broaden PRC government knowledge of what its citizens are doing, where they are going, what they’re spending their money on, where they have their money, also.  In fine, a way to extend the PRC’s ability to control, not just the population over which it reigns, or subgroups of it, but down to the individual level.  George Orwell knew about this, and about the debilitation it inflicts on liberty, even on moral and on morale.

This is not an advance over smart phone payments.  Not at all.