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As I See It

Red flag laws not a violation of 2nd Amendment

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Do we really have to choose between the 2nd Amendment and preventing gun violence? That is what critics of gun control suggest. That is the argument we are hearing now when it comes to what are known as Extreme Risk Protection Orders. Wisconsin Governor Tony Evers is proposing ERPO legislation that would allow for judges to order the removal of guns from those deemed to be a threat to themselves or others. Under this legislation, police could confiscate the guns of those showing suicidal tendencies, or intent on mass shootings or other violence. Critics say that is a violation of the 2nd Amendment. But it is not. There are plenty of protections in place. A judge would have to rule there is a public safety concern. Evidence would have to be presented. Anyone who petitions for an ERPO for the purpose of harassing someone would face felony charges. The guns would only be removed temporarily. If the person is better, there is a provision allowing them to get their guns back. And we already take guns away from people. Convicted felons are not allowed to have guns. Under existing law, a person against whom a domestic abuse or child abuse injunction has to automatically surrender their firearms, and is prevented from buying or possessing a gun. Allowing for the Emergency Risk Protection Order is no different. Removing guns from those intent on committing violence through this common-sense red flag law is not a 2nd Amendment issue. It is simply an issue of public safety.

Scott Robert Shaw serves as WIZM Program Director and News Director, and delivers the morning news on WKTY, Z-93 and 95.7 The Rock. Scott has been at Mid-West Family La Crosse since 1989, and authors Wisconsin's only daily radio editorial, "As I See It" heard on WIZM each weekday morning and afternoon.

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1 Comment

  1. rob kudick

    October 6, 2019 at 11:46 am

    Red flag laws won’t work to reduce gun violence. They are intended to harass and disarm law abiding gun owners. Liberals understand that lawful gun ownership is a threat to their efforts to strip the American people of one of the freedoms our constitution guarantees. If red flag laws will reduce gun violence, why did democrats refuse to include an amendment to proposed gun legislation that would include gang members? On 10 September 2019, Colorado Congressman Ken Buck (R-CO) offered an amendment to the proposed bill to create federal grants for Red Flag bills. Representative Buck’s amendment would have allowed law enforcement agencies, on probable cause of a person belonging to a criminal gang, to use Red Flag laws to take guns from gang members. Representative Nadler and other democrats, said a taking of guns from a person, for simply being in a database, would violate their due process. Really? What about due process for those simply being accused of being a threat, and having their guns confiscated? Oh yeh, and let’s leave it up to some local, liberal judge to decide who can and can’t possess a firearm. The intent of the amendment was to point out the hipocrisy of the left. According to representative Buck, 80% of gun deaths are caused by gang members. Why would anyone refuse to support such an amendment? The truth is that the left doesn’t give a damn about gun violence or the deaths of innocent people from gun violence. They want to take our guns and abolish the 2nd Amendment. Period.

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