RED FLAG LAWS ARE UNCONSTITUTIONAL

Submitted by: Chuck Kolb

RED FLAG LAW Wisdom 
by Carl F. Worden

Making any kind of threat is a fool's errand, especially if the threat involves the use of a firearm, but the former Marine who recently had five of his weapons confiscated by the FBI under Oregon's Red Flag Law didn't actually make a threat.  He simply stated his right to use lethal force against Antifa members if he or another is confronted by imminent death or serious injury if attacked by them.

Every citizen has that right under both federal and state law, but apparently announcing your intent to defend yourself lawfully is grounds for weapons confiscation, which means the Oregon law won't survive a constitutional challenge in this case.

The problem with Red Flag laws is simple and applies to all laws where subjective judgment is allowed to violate a citizen's constitutional rights:  If it can be abused, it absolutely will be abused.

What bothers me most about this particular incident is the fact the FBI enforced Oregon's law.  There is no federal Red Flag Law, but it was implied that the Oregon law could and would be enforced by any law enforcement agency, so the FBI predictably got involved instead of the Oregon State Police or other state law enforcement agency.

Red Flag Laws are unconstitutional on their face, but as usual, it will take a lot of money and time to overrule that Oregon law in federal court, whereas any state can simply pass a Red Flag Law at little expense unless a major financial penalty is assessed against the state by the Supreme Court or Federal District Court.

The main lesson to be learned here is don't make threats, even if you are simply stating your right to defend yourself.  If you or another citizen are attacked and face imminent death or serious bodily injury, just exercise your right!

Carl F. Worden