I'll Prove Red Flag Laws Are Unconstitutional

Red Flag Laws are being talked about but I am not that worried. I don't think they will stand up to a Constitutional Challenge. I'll prove it, using Roe Verses Wade!

Roe Verses Wade

Red Flag laws allow a family member, friend, or other person to alert police to something unstable about a person in order to allow the police to get a subpoena to confiscate that persons guns. Sounds reasonable.If you are unstable and around guns the government should be able to protect you and everyone around you right?Maryland and New York both have them in place. You can already see how easy it would be for a vindictive neighbor, family member, or acquaintance to use this as a means to confiscate guns; but I’m not going to go that far.The laws are unconstitutional for the same reason denying a woman an abortion is unconstitutional. Denial of due process.

The Roe vs. Wade decision states, “The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion. . .(the) Texas law making it a crime to assist a woman to get an abortion violated this right.”

The 14th Amendment states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any state deprive any person of live, liberty, or property, without due process of law; nor deny to any person. . . the equal protection of the laws”

So under the 14th Amendment, and due process, if you have a right to privacy to choose whether or not to have an abortion, you have a right to privacy to choose to keep guns in your house.

Someday, somewhere someone is going to mount a challenge to these Red Flag laws and I will be paying attention.

Lee Matthews

Lee Matthews

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