One and a half years ago, every American’s rights were violated in Florida in a rushed reaction to one individual’s terrible choices. Now that some time has passed, we need to take a second look and reconsider the Risk Protection Order Act, commonly known as the “Red Flag Law.”
This law allows law enforcement agencies to petition a court to confiscate your firearm for 14 days without a hearing. Furthermore, after a hearing, your firearm and ability for self-defense as you deem appropriate may be deprived for an entire year. In the interim, you are prevented from purchasing any legal firearm. Additionally, without committing or having alleged to have committed any disqualifying crime, your name is added into the FICS/NICS background check system. This decision to deprive you of your rights can initially be made without your knowledge, input and based solely on allegations you constitute a significant danger.
This violation is not limited to your right to keep and bear arms for self-defense as described in the Second Amendment. The Risk Protection Order Act tramples the Fourth Amendment prohibition against unreasonable searches and seizures, as well as a warrant issuing without probable cause. The Red Flag Law continues to waive away your Fifth Amendment by depriving you of property without due process of law and taking your private property without just compensation. It doesn’t end there because you don’t enjoy the right to a public trial by an impartial jury and are unable to confront any witnesses against you as stipulated in the Sixth Amendment. The Eighth Amendment stands diminished as it seems you are given an unusual punishment without even committing any accompanying transgression.
This is not the first time some of these concerns about the Risk Protection Order Act have been voiced. These arguments against its violations in principle stretch back over two centuries. Don’t wait for some other court or agency to determine the Red Flag Law is unlawful and wrong. Petition your government representatives to protect your rights now and repeal all Risk Protection Order Act clauses and reclaim your rights.”
Sean Dorsey, Laurel Hill