Michigan Governor Snyder Considering ‘Red Flag’ Regulation
Michigan’s Governor, Rick Snyder is once again considering a “Red Flag” regulation right here in Michigan.
The “Red Flag” regulation would give police in Michigan the ability to force a temporary confiscation of firearms and ammunition from a person whom a judge deems a legitimate threat.
The Detroit News is reporting about Governor Snyder’s considering this issue, in the article Governor Snyder is quoted telling reporters:
It’s really, how can you strike a balance of providing protection at the same time recognizing you need good due process? I think some other states have been doing this for some time, so we should seriously look” at red flag laws
Governor Snyder informed reporters that he is studying the “best practices” of states around the country, in the wake of the recent deadly school shooting at Parkland High School in Florida and our recent murders at Central Michigan University (CMU). Although you must remember the murders at CMU were not related to the random shooting of students or facility.
The concern about this “Red Flag” regulation is our Constitution. Our Constitution gives us, the people of the United States the right to due process. What you should know about due process is:
The Constitution states only one command twice. The Fifth Amendment says to the federal government that no one shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law ("legality") and provide fair procedures. Most of this essay concerns that promise
State Senator Mike Green, R-Mayville, was quoted in the article stating:
I’m not sure where the governor’s coming from on anything gun related…Every time there’s a shooting all people want to do is scream and holler about guns, but they never look at the safety issue. What are schools doing to protect their kids?
We then have State Senator Rick Jones, a Grand Ledge Republican and former Eaton County Sheriff informing us the Michigan police already have the authority to take a person into custody and to a mental health facility for review if they pose a threat to themselves or others. He went on to say:
I believe, and many police I’ve talked to believe, that (a red flag law) would lead to barricaded gunmen…You know, ‘We’re knocking on your door and we’re here to take your guns away.’ It doesn’t sound like a good plan
State Senator Jones makes a good point. Some person may say to themselves; no way am I going to allow the police to come to my home and take my guns. Whether you believe their guns should be taken away or not I can certainly see that occurring. We may be able to defuse this situation by giving that person their time in court, due process, to make their case and hopefully that would address this barricaded gunmen concern.
Some call this proposed regulation an “extreme risk protection order act”. This regulation or law would allow police, family members others who have a “close relationship” to ask a Michigan judge to allow authorities to seize their firearms if “there is reasonable cause to believe” that person “poses a significant risk of personal injury to himself or herself by possessing a firearm.” Could the fact that the law would have to go in front of a judge and prove their claim be the way in which we can satisfy the due process clause in the Constitution?
Possibly so, what are your thoughts?
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