The recent tragedies in El Paso, Texas, and Dayton, Ohio, have once again brought the Second Amendment and gun laws into the spotlight.
It’s clear that something must be done to try to prevent, to the extent possible, such tragedies from occurring.
Red Flag Laws
After the recent and horrific shootings in El Paso and Dayton, Trump indicated that he would consider red flag laws with regard to firearms (some states also have such laws).“Often, the request for the order will come from relatives or friends concerned about a loved one who owns one or more guns and has expressed suicidal thoughts or discussed shooting people. The authorities may also request an order.”
Who determines whether someone is mentally unfit to own a firearm? What happens if a person can’t afford to defend a bogus allegation? These laws often force those who are accused to defend themselves in court before the facts are even heard (i.e., see Florida Statute 790.401–Risk Protection Orders).
It goes without saying that each and every person should support the underlying goal behind such laws, which is to prevent potentially dangerous people from buying or owning firearms. This is a fantastic idea! However, given the possibility of abuse, red flag laws raise some serious concerns relative to the Second Amendment, which is why some Republicans have voiced misgivings about such laws in their current (or proposed) forms.
Remington Case
Remington Arms Co. was sued by several families of the Sandy Hook massacre over the way the company marketed the weapon that was used in the shooting. Remington appealed the Connecticut Supreme Court’s decision, arguing, in part, that the lawsuit was improper in light of a 2005 law—the Protection of Lawful Commerce in Arms Act—which immunizes gun manufacturers and dealers “from the vast majority of lawsuits that could be brought as a result of crimes committed with their firearms,” according to Politico.Remington has asked the U.S. Supreme Court to read the act more broadly and to reverse the Connecticut Supreme Court’s ruling. If the Supreme Court agrees to hear this case, and if the court agrees with the Connecticut Supreme Court, there will likely be a slew of lawsuits filed against gun manufacturers. If this happens, gun manufacturers will also have to spend a great deal of money defending themselves in various legal battles. Given this enormous financial strain and the potential legal exposure, gun manufacturers could very well stop producing certain firearms, which will, ultimately, impact consumers’ Second Amendment rights to purchase and use firearms for lawful purposes.
When viewed together, the red flag laws and the potential impact of the Remington case could significantly affect the rights that people enjoy under the Second Amendment. While everyone wants to prevent tragedies from occurring, any proposed legislation or law should not directly, indirectly, or arbitrarily hinder or eliminate someone’s Second Amendment rights.
Obviously, some type of gun reform is necessary. This is abundantly clear. However, it must be carefully crafted so as protect the rights that are afforded to the people under the Constitution.