Gun expert Dana Loesch appeared on Fox News Tuesday night where she outlined hidden dangers with red flag laws, which have gained some popularity among politicians who are not strong on supporting the Second Amendment.
Loesch, who appeared on Tucker Carlson's show, also made many of the same points in an in-depth thread that she posted to Twitter.
"Ten reasons why you should oppose #RedFlagLaws, a brief thread. 1) #RedFlagLaws are an inversion of 'innocent until proven guilty.' The standard of evidence is low and while state laws vary, many different people, not just family, can report you," Loesch began. "2) You don't have to be in the room (and advance notice isn't required) for the petition to be granted meaning you must wait to defend yourself. Most laws provide no penalty for abuse and no state law allows for civil cause of action against false accusers."
Loesch continued: "3) Time varies as to how long until respondents can have their day in court. A study conducted on Indiana's law, which said 14 day wait, revealed that the average wait was 9 months. Rights delayed are rights denied. 4) @davekopel , who has done excellent research on this, has noted that of the four states with the oldest gun confiscation laws, Connecticut, Indiana, California, and Washington, no research has revealed any statistical reduction in crime. #RedFlagLaws (Also still No. 4) Furthermore, Kopel notes that nearly 1/3 of such orders are improperly issued against innocent people."
Loesch then highlighted the dangers associated with how the red flag laws are executed, which includes no-knock raids where law enforcement enters the premises without warning.
"5) No advance notice is given ahead of serving a #RedFlag order. That worked out horribly for Maryland resident Gary Willis, who was shot and killed when answering his door early morning before the sun was up. This puts LEO in a HORRIBLE position of enforcing these orders," Loesch continued. "6) Counsel is not provided (Blumenthal draft does, it's of little solace considering), meaning you could be like FL man Jonathan Carpenter, who is waging an expensive court battle to clear his name and reclaim his property because his name was too similar to a drug dealer's."
"7) We aren't arresting people, we're arresting guns. State laws ignore the very reason the petition was granted in the first place: danger resulting in violence or mental instability. No mental evaluations given, no charges for a crime," Loesch continued. "8) How will confiscated firearms be stored? Local police will be tasked with figuring out storage and bearing the cost of any liability or insurance -- at a time when some struggle with budgets to afford body cams."
"9) This isn't just about the 2nd Amendment. It doesn't matter if you're a 'gun nut' or even own guns. The deconstruction of due process calls into question your 5th and 14th Amendment rights, too," Loesch continued. "10) Lastly (not really, but I'm sticking to 10), if there is enough evidence to strip you of your rights THERE IS ENOUGH EVIDENCE TO CHARGE YOU or commit you. There are NUMEROUS other options to start fixing this problem WITHOUT sacrificing due process."
Loesch concluded by offering some suggestions about ideas she believes could help reduce gun violence without infringing on people's Second Amendment rights.
"Let's start by: demanding all agencies comply with reporting prohibited possessors to the federal database to stop ineligible people at point of sale.- demanding prosecutors stop reducing charges and judges issuing weak sentences for felony gun crimes & reduce recidivism," Loesch continued, adding, "and let's demand that schools stop coddling dangerous offenders. When kids make rape lists on bathroom walls, have them evaluated. When they message classmates threatening to kill them, that's actionable, arrest them. ENFORCE THE LAW."