15/06/2022
Red Flag Laws are the new establishment Republican darling. In theory, it lets law enforcement take a dangerous person’s guns before they commit a crime. Sounds nice, right? It would be truly wonderful to feel like we are preventing atrocities that appear predicable after the fact, like when a family member reports them as a danger to others. Except that’s the point: they usually haven’t yet committed any crime. That’s why tips to the FBI or Sheriff often happen beforehand, but they can’t do anything. Red Flag Laws presume guilt for a period of time during which a person’s rights are suspended until they are proven innocent or the time elapses. Everyone wants to prevent mass shootings and reduce gun suicides — there is no debate over that goal. But Red Flag Laws would run all liberal western justice through a wood chipper by doing what Donald Trump said: “take the guns first, go through due process second.” When we erode due process for one right we don’t like, we also erode it for all rights we do. What if it was a country where government could “shut the churches/news outlets/businesses first, go through due process second”? What if it was “torture suspects first, go through due process later”? What if it was “imprison first, prove guilt later”? That’s what we’re talking about. That’s not an answer, though we badly want one.