The bad and potential good in red flag laws
A bill before the Virginia legislature, one of a list of gun control proposals being offered since Democrats gained control of that branch of the state’s government, would give any state attorney or law enforcement officer the authority to seek a protective order against anyone deemed to be “a substantial risk of injury to himself or others,” allowing the court to issue a warrant for the removal of any firearms from the possession of the accused and to deny the accused the legal ability to own, purchase, or carry weapons. Additionally, until the order is dissolved, the accused would be “guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer.” Anyone who knowingly transferred a firearm to the accused would be guilty of a Class 4 felony.
Whether intentional or not, this plays into the impression that gun control advocates will sacrifice any right in pursuit of their desire to remove firearms from Americans. In this example, note that the fundamental principle that we are innocent until proven guilty is discarded on the word of an agent of the executive branch of Virginia’s government and the acquiescence of a judge. No provision is specified for how the accused can seek due process, though the authors are gracious enough to state…
