How Should We View Red Flag Laws?

Should there be a green light for “Red Flag” laws? The late Chief Justice Warren E. Burger said, in 1991, that the idea that the Second Amendment conferred a right for individuals to bear arms was “a fraud on the American public.”  But then in 2008, the United States Supreme Court, in a 5-4 decision written by Justice Antonin Scalia’s  in District of Columbia v. Heller, rewrote its understanding of the Second Amendment, and concluded that the Framers of the Constitution had, after all, intended the Amendment to confer an individual right to bear arms. 

Fast forward to today and there are those that forget how close the Heller decision was or that Scallia himself wrote in that opinion that of course there were exceptions to this individual right among those felons. So how should judges in the tenches  implement “extreme risk protection orders?” Designed to get guns out of the hands of mentally ill people or those who pose a danger to themselves or others, the authors of this interesting law review article argue that these new laws do not violate due process rights. VIRGINIA LAW REVIEW

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