“We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach. The very enumeration of the right takes out of the hands of government — even the Third Branch of Government — the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all.” —The late Supreme Court Justice Antonin Scalia on the Second Amendment
(The Patriot Post | Arnold Ahlert) — Following the three mass shootings in El Paso Texas, Dayton, Ohio, and Gilroy, California, Democrats are yet again exploiting tragedy to push for gun control. And this time weak-kneed Republicans, and possibly President Donald Trump, will join them in adopting a federal grant program aimed at encouraging states to embrace so-called “red flag” laws that would take guns away from people believed to be dangers to themselves or others.
Believed by whom? “State laws vary, but most stipulate that only specific people — usually family or household members — may petition a court for an extreme risk protection order,” the Associated Press reports.
Not exactly. In Colorado, which became the 15th state to adopt such a law — without a single Republican vote — family, household members, or law-enforcement officials can petition a court to have guns seized or surrendered based on a “preponderance of the evidence.” That is a civil standard whereby the individual whose guns are being seized is deemed more likely than not to be a threat.
Eagle County, Colorado, Sheriff James van Beek, who slammed the law, explains the implications. “In other words, there is just over a 50/50 chance of accuracy,” he writes, further warning that someone’s guns could be seized even without a mental-health professional making a determination of any kind. “Like the flip of a coin. Couldn’t that apply to just about anything a person does?”
It gets worse. A... continues.