“I know I am speaking for tens of thousands of my fellow Montanans and tens of millions of my fellow Americans when I say what I’m about to say.
‘Red flag’ gun confiscation laws violate every principle of liberty upon which our country was founded. There is no due process associated with “red flag” laws. A judge’s order to seize the firearms from an American citizen who has not been accused of a crime, charged with a crime, convicted of a crime—or who never even threatened to commit a crime—based on the accusation of a single individual is anything but due process.
Our accuser could be a disgruntled employee, a bitter ex-spouse or relative, a vengeful neighbor, an anti-gun liberal or even an anti-gun policeman. By definition, “red flag” laws use mere suspicion of what one “might” do as justification to seize a person’s firearms. Tactics such as these have been used in virtually every despotic regime of history. In the name of protecting society, the rights and liberties of individuals were denied. Eventually, these repressive governments included political or religious persuasion as triggering “red flags,” which led to their disarmament—all in the name of public safety, of course.
You know as well as I do that when the rights of one American are abridged, the rights of all Americans are abridged. This is not yet a communist nation where the rights of the state—or even the rights of a majority of citizens—supersede the rights of the individual.
‘Red flag’ laws turn the Bill of Rights and the fundamental legal doctrine that a man is innocent until proven guilty completely upside down. “Red flag” laws are a mockery to every constitutional principle of liberty since the Magna Carta. Seizing a citizen’s firearms by force (and thereby rendering him defenseless) without a crime being committed—or even the accusation of a crime being made—is old-fashioned TYRANNY. Such an act presumes a person is guilty until proven innocent.
Then there is this: After the guns are seized, it could take years for the victim to prove his innocence (or competence) and have his guns returned—and in what condition would they be when (and IF) returned? Furthermore, will you legislators, judges and police officers who collaborate to strip an innocent person’s ability to defend himself accept any responsibility when the real bad guys take advantage of this person’s vulnerability and invade his home and bludgeon or rape or even kill his family? Of course you won’t. But mark it down: You will be held responsible in the eyes of Almighty God—and in the eyes of the citizens you have victimized.” – Pastor Chuck Baldwin