Red Flag Laws

This legislative session, which starts Jan. 14, 2020, we lawmakers are going to face increased pressure to pass Red Flag Laws to stop gun violence.  After the most recent mass shootings in Texas and Ohio, it’s a typical response as no one wants more mass shootings.

What are Red Flag Laws?  Good question.  A red flag law is a gun violence prevention law that permits police, or in our district, the sheriff and his deputies, (or family members), to petition the court to order the temporary removal of firearms from a person who may present a danger to others or themselves.

Well, Tim, that sounds reasonable, right?  I disagree.  This is why:  First off, it tramples on our constitutional rights, specifically the 2nd, 4th, 5th, and 6th amendments.

          Quick and abbreviated amendment review:

          2nd amendment – right of the people to keep and bear arms.  This “shall not be infringed.”

          4th amendment – right against unreasonable searches and seizures.

          5th amendment – right to remain silent.

          6th amendment – right to a speedy and impartial trial.

Red Flag Laws are already in effect in 17 states and the District of Columbia.  In the U.S. Senate, Senator Lindsay Graham, R.-S.C., and Old Stolen Valor himself, Senator Richard Blumenthal, D.-Connecticut  (He’s the senator that claimed to be a Viet Nam combat veteran, only to reveal later that he’s never even been in the country.)  They are working on a bipartisan bill that would encourage more states to adopt Red Flag Laws.

So, what does that mean?  Well, the only real power the federal government has over the states is the power of the purse; meaning they could withhold federal funds, like for example our federal highway dollars.  In South Dakota, we are a welfare state, meaning we get more federal funds than we pay in.  Way more.  That’s an entirely different article.

A few facts:

  • The U.S. ranks 28th in highest rate of deaths from gun violence. That means there are 27 more dangerous countries.  If you take out the 5 most dangerous cities, there are only 3 countries “safer” than the U.S.A..

  • 60% of firearm deaths are from suicide.

  • So far this year of 2019, in the city of Chicago, there have been 1500 people shot with 296 of them homicide; meaning they died from gunshot wounds. Others still could die.

  • Chicago has the strictest Red Flag Laws in the country, including that you have to be 21 to purchase firearms, have to obtain a firearms owners identification card, wait 3 days from purchase of firearm to procure it, and concealed carry licenses are issued by state police after passing a 16-hour training course.

So, where in the world am I going with this?  Here it is:  None of the 1500 shootings and the 296 homicides were committed by anyone who followed the laws and had the proper credentials to carry or own a firearm.  Criminals don’t obey the law.  Passing these bureaucratic Red Flag Laws just burdens the law-abiding citizenry.

Here’s my suggestion:  Let’s pass a law that if you kill someone with a gun, you could be convicted of murder in the first degree and get life in prison or the death penalty?  Oh, we already have that one on the books.  Enough said.

To the citizens of District 30 and to the men and women in uniform, in honor of all who served, in respectful memory of all who fell, and in great appreciation to those who serve today, Thank You, for giving me the opportunity to represent you.

 

Tim R. Goodwin, District 30 Representative

Tim.goodwin@sdlegislature.gov

Tgoodwin1955@gmail.com

Facebook: Goodwin In The House

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