DOJ Creates a Website for the National Extreme Risk Protection Order (ERPO) Resource Center; A Red Flag Center
In a nation divided over gun control and civil liberties, the latest announcement from the Department of Justice ignites a storm of controversy. The creation of the National Extreme Risk Protection Order Resource Center, as ordered by President Joe Biden, is meant to be a step forward in preventing gun violence even though we know it won’t. This red flag center aims to educate and guide law enforcement, legal professionals, and community members on implementing red flag laws, designed to temporarily remove firearms from individuals deemed a threat to themselves or others without due process.
This initiative is met with fierce opposition by fellow gun rights activists and true Americans. We argue it infringes on due process and the Second Amendment rights of American citizens. Those who are proponents argue that this is a necessary tool to “prevent potential tragedies.” We all know, however, that this “tool” will only be used to circumvent the Constitution only taking people’s rights.
As the national debate intensifies, the core of the opposition to the National Extreme Risk Protection Order Resource Center centers on constitutional concerns. Critics argue that red flag laws, as they stand, fundamentally violate several key amendments of the U.S. Constitution.
Firstly, there’s the issue of due process, guaranteed by the Fifth and Fourteenth Amendments. Opponents of red flag laws argue that these laws enable the seizure of firearms from individuals without a fair hearing or trial, wherein the accused would have the opportunity to confront witnesses and present a defense. This lack of a preliminary hearing, they assert, strips individuals of their right to due process before being deprived of their property — in this case, firearms.
See Also: Second Amendment Rights Under Attack as Pennsylvania Anti-Gun Bills Progress to Senate
Secondly, the Second Amendment’s right to keep and bear arms comes into play. Detractors of the red flag initiative contend that these laws infringe upon this right by allowing the state to confiscate weapons without a criminal conviction or even a charge. They see this as a direct assault on the constitutional guarantee that allows for self-defense and the ownership of firearms.
Lastly, the Fourth Amendment’s protection against unreasonable searches and seizures is also a point of contention. Critics argue that red flag laws could lead to law enforcement actions based on accusations rather than solid evidence, resulting in unjustified searches and seizures of personal property.
These constitutional arguments fuel the fire of the national debate, as many Americans view the enforcement of red flag laws as a slippery slope that could erode fundamental rights. The controversy encapsulates a broader struggle over the interpretation of the Constitution in modern America, where the balance between individual liberties and collective security remains a contentious and unresolved issue.
What are your thoughts on this red flag center? Does your state currently have Red Flag Laws on the books? If you aren’t sure, you can check on the ERPO website, which is really the only good use for it.
Concerned about this red flag center and the laws it helps to strengthen? You should be. Here’s the US Capitol switchboard (202-224-3121).