Red flag laws are unlikely to ever survive a constitutional challenge. It’s not a second ammendment issue, it’s a fifth ammendment issue.
Yeah, baring people from exercising rights who have been convicted of no crime is not only going to fail constitutional challenges, but is a very poor path to go down.
Not to mention that even backing it in the first place is just going to give republican media more talking points to galvanize people against Biden/Harris in the 2024 election. Poorly thought out and poor timing. I’m personally in favor of stricter gun laws, but I don’t think this one has much chance of taking effect, so I’d rather they hold off until 2025 at least before trying to push it.
If there’s one thing that makes me put on the tinfoil hat for US politics, it’s how many self defeating takes that the Democrats trot out in election season.
“Hey we need to win over at least some of the rural and suburban votes”
“Hmmm… How about some gun control laws that the Supreme Court won’t even have to be bribed to overturn? Maybe with a little taste of police state?”
And if they somehow do, rest assured that red states will use it as an opportunity to disarm LGBT folk for being ‘violently mentally ill’ before the ink is dry on the decision.
No, it’s worse than that. Constitutional sheriffs will simply refuse to enforce the laws with which they disagree. We have elected peace officers openly violating state and federal laws and they’re very outspoken about it.
Red flag laws have already been on the books in various places throughout the country. Do you think the gun nuts just didn’t feel like challenging them with an auto-win case?
The fact is, they’ve tried and been rejected.
They haven’t been tried at a federal level yet, which is all that really matters. It’s going to take time before a case makes it through the whole process.
