President Trump has already made it plain that due process doesn’t really matter to him when it comes to second amendment issues (“Take the guns first and worry about due process later!”), and it seems that other republicans like Lindsey Graham and Dan Crenshaw have decided to follow his example by lauding and applauding red flag laws.
But what if you’re not a gun person? Why should you worry about red flag laws that won’t affect you? And even if you are a gun person, surely these laws are just issues of public safety, right? Austin and Aaron tackle why the dangers of red flag laws go far beyond merely the second amendment, and how they represent a precedent of disregard for due process that goes far beyond guns or the second amendment. Aaron talks about the psychological implications of decision-making based on fear, as well as bringing up how this has manifested in other legal arenas, to the severe detriment of both due process and justice for the accused, as well as bringing up how the high-construal-level nature of red flag laws may actually end up undermining the very goals of those who want them passed, while Austin points out how red flag laws are similar to civil asset forfeiture, as well as pointing out the numerous hairy legal scenarios that red flag laws will create.
Thomas Massie and Jim Jordan on the ineffectiveness of red flag laws: https://www.courier-journal.com/story/opinion/2019/08/23/red-flag-laws-universal-background-checks-infringe-constitutional-rights/2088394001/?fbclid=IwAR23ucseJSlHJj5jPQz3f60wGlH5SuQDf7yBe7QXrBR35TNxI7KIXzLyRzA
Why the way the media portrays mass shootings is based on bad data: https://crimeresearch.org/2018/08/new-cprc-research-how-a-botched-study-fooled-the-world-about-the-u-s-share-of-mass-public-shootings-u-s-rate-is-lower-than-global-average/?fbclid=IwAR2vXgjq6CMLxpyOErcSGkUMxJPsWYXlcPb-LUUd5AtnZe-PwDk8QETMKRA
Lindsey Graham’s defense of Red Flag laws: https://reason.com/2019/08/14/lindsey-grahams-dishonest-defense-of-red-flag-laws/?fbclid=IwAR1kJyQ2llks29whkjidYiwZl3s1Fe0bhJ1gyTecKSp3T4EAVq5rj9cBmy0
Why Red Flags violate due process: https://reason.com/2019/08/07/republicans-who-support-gun-confiscation-laws-imagine-due-process-that-does-not-exist-on-paper-or-in-practice/?fbclid=IwAR1zpKFiIIhTu5WVbyzthP_QHTuG08iJ5m2ZZqpOvfK-ZET3Vb1oOh0-3QI
Aaron’s Article on the Bad Decision Making Tendencies Surrounding Numerous Gun Control Ideas: https://fee.org/articles/four-things-everyone-gets-wrong-about-mass-violence-a-social-psychologist-s-perspective/
DJ Jaffe’s Article for National Review: https://www.nationalreview.com/2019/09/red-flag-laws-should-mandate-treatment-not-just-gun-confiscation/