Summary
The article discusses the rights that the implementation of the ‘red flags’ laws would violate. The author identifies how the Republicans and Democrats have become more concerned about the enactment of the ‘red flags’ laws to curb increasing cases of mass shootings. Pease (2018) identifies that the ‘red flags’ law will violate Amendments I, II, IV, V, VI, and VII of the Bill of Rights. The bill encourages police to search people’s social media; hence infringing their freedom of speech that the First Amendment of the Constitution protects. The ‘red flags’ laws will deny citizens the right to own arms and to be secure from unreasonable searches and seizures. Citizens’ due processes in deprivation of property and criminal prosecutions will also be at risk. Generally, the article discusses how the ‘Red Flag’ laws violate the Bill of Rights.
Reflection
This article fits well with this week’s reading because it addresses the Bill of Rights. The week’s readings talk about the extent to which the government should protect citizen’s rights. The article discusses how the ‘red flags’ law will infringe the rights that the government should protect. The government should establish reasonable cause to search citizens’ social media accounts. The state can enforce the ‘red flag’ laws without violating the Bill of Rights if it applies them carefully and with due diligence.
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Analysis
This week’s readings provide that some individuals like felons, children, and mentally disabled may be prevented from recognizing their right to bear arms. The ‘red flag’ laws will help in reducing mass shootings currently becoming increasing in the country. The police will detect any future dangers that individuals pose and take early action before firearms get misused. Due Process Clause requires the government to protect the life of its citizens by private actors, and the ‘red flag’ laws will not infringe this right. The regulations could ensure the safety and security of those who believe they are at risk but infringe that of innocent people because the police could confiscate the firearms of others. Also, the state could deprive citizens their right to liberty and property because their social media accounts could be searched, and their gadgets such as computers and phones confiscated.
Argument
In my opinion, the government should consider the application of the ‘red flags’ laws carefully before enforcing them. The regulation is good because it helps in identifying individuals who are more likely to put others at risk. However, the police and government should aim at protecting the rights of individuals during the application of the ‘red flag’ laws. In the end, the government will protect the citizens’ right to life because it will prevent mass shootings and misuse of guns.
Reference
Pease, H. (2019, August 21 ). Harold Pease: 'Red Flag' laws violate the Bill of Rights | Journal
Tribune. Retrieved 19 September 2019, from https://www.journaltribune.com/articles/opinion/harold-pease-red-flag-laws-violate-the-bill-of-rights/
