(My Eastern New Mexico News column from February 5, 2020- posted in its entirety now that the paper's exclusivity has expired)
New Mexico politicians are hopping on the "red flag law" bandwagon; scheming to commit wrong in the name of imagined "safety".
Red flag legislation is all the rage, politically. I don't call them laws because they aren't laws. Laws can't violate natural human rights; this legislation does. Imposing or enforcing legislation which violates life, liberty, or property in any way makes you the wrongdoer. It doesn't change matters to write words giving yourself permission to violate people. Legislation can't make wrongs right, and it is wrong to punish someone for something you imagine they might do.
It's misguided to violate someone's rights because they've done wrong. To do so before they've done wrong is pure evil.
Yes, unhinged people cause tragedies. The correct approach is an unyielding commitment to human rights. Don't build a legislative maze making it harder for people to possess the proper tools with which to defend themselves. This is what red flag legislation does. It causes tragedies everywhere politically unhinged people impose it.
Many people see an attempt by badged government employees to steal their property-- to seize their guns-- as a line in the sand which can not be tolerated. It has already played out with tragic results in the states where such policies have been implemented.
It's never about "public safety", but about asserting government supremacy. However, both sides need to remember: the people always remain supreme over government.
While it's claimed this legislation only targets those making violent threats, it will be abused.
The easiest way to make sure your intended victim can't fight back is to report them as a risk and let legislation enforcement officers disarm-- or kill-- them for your convenience.
This legislation will also become "The Bitter Ex-Wife Revenge and Empowerment Act".
The hijacked firearms are supposed to be returned to the rightful owner once the threat is over, but it doesn't always happen. A friend of mine was acquitted after defending himself, without firing a shot, from an attacker. The attacker filed a false report after the incident. Upon acquittal, my friend was told he had to jump through months of bureaucratic hoops to get his property back. He did everything demanded of him, but by then his gun was mysteriously missing. The state's response was "Tough luck".
Enemies of liberty often embrace communistic red flags. This time it's the same story. Respect liberty-- reject the red flag. There's no legitimate reason to support this kind of legislation.
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The #1 logic that makes 'Red Flag' laws ineffective in doing what they say they will do is that criminals use guns all the time to commit crimes.
These criminals aren't supposed to have guns.
If these criminals were caught, they could be arrested for just having a firearm.
Can't keep guns out of the hands of criminals
Can't keep guns out of the hands of insane and dangerous police officers
So, this law, for its stated purpose, is DOA.
However, what this law does do is allow for confiscation of weapons from good people for reasons such as:
The sad thing, in NM is that it is the whole of the state vs a group of people in Albuquerque and Santa Fe
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