The rising tide of red flag laws does not bode well for the United States of America. Not only are they fraught with many potential avenues of failure and abuse, they’re also highly ineffectual, stopping less than 1/10th of 1% of their intended targets — a statistically and absurdly tiny fraction of the problem.
For the first time in many years, I’m at a loss for world. These proposals and the laws that have made the books are so ridiculously, unbelievably mind-bogglingly STUPID that I don’t know where to begin.
So, let’s begin at the beginning, with our United States Constitution. Here’s a couple of key points:
– The States were already in power at the time they agreed to join the Union. They already had powers. They still do.
– The Constitution specifically delineated a few key powers to the federal government and normalized relations between the States, primarily in the areas of commerce and common defense.
– Just in case anyone forgot that the people and the States retain the lion’s share of authority, our Founding Fathers included Amendments IX and X in our Bill of Rights:
Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
– Amendments to the Constitution become integral parts of the Constitution itself. As the Constitution itself declares in Article. V., “shall be valid to all Intents and Purposes, as Part of this Constitution.”
– Between December 7, 1787, and May 29, 1790, all thirteen states ratified the Constitution.
-Subsequently, whenever a territory has applied to become a State, they do so with the full knowledge of and consent to the U.S. Constitution.
– One of the rights enumerated in the Bill of Rights, proposed in 1789 and duly ratified by the states on December 15, 1791, is “the right of the people to keep and bear arms.” Our Founding Fathers were so adamant about protecting this right they added an absolute: “shall not be infringed.” Moreover, this isn’t merely about restricting Congress from passing laws, as stated in the First Amendment. Rather, it applies to the states, as well, and on December 15, 1791, all United States at the time become party to it, whereas all subsequent States became party to it when they applied for statehood.
WHERE WE ARE NOW
Sadly, instead of focusing on legitimate, science-based policing, these red flag laws throw that science out the window, criminalizing gun ownership itself, in a flagrant and very dangerous violation of the “shall not be infringed” clause of the Second Amendment i.e. the U.S. Constitution.