Posted BY: Jessica Geraghty

Mass shootings seem to always be a great excuse for lawmakers and media to push for more red flag laws.

Such is the case with the recent Club Q shooting in Colorado that killed five people and injured 22 others. But there are several problems with this.

First, these laws are largely left up to interpretation. Two, it’s very difficult to put these laws into action without violating Constitutional rights. And third, states that do have these laws fail to effectively use them, rendering any discussion or legislation in this realm to be a complete waste of time.

A Brief Rundown on Red Flag Laws

In June, the House passed a gun control bill that allowed for “red flag laws,” meaning that a person’s family member, coworker, friend, police officer, or another person close to them can petition federal courts to remove firearms from that person’s home if they believe they are significant risk of harming themselves or others. Often, firearms are then temporarily removed from the possession of the person being flagged as a risk before any hearings take place. The House bill has yet to pass in the Senate.

Trending: Controlling the Department of Justice

Nineteen states and Washington D.C. have red flag laws. But the Supreme Court recently dealt a blow to red flag laws. In the case Caniglia v Strom, the Supreme Court protected both privacy rights (fourth amendment) and gun rights (second amendment) by ruling the unwarranted search of the home and seizure of the firearms in possession of the individual in question, Edward Caniglia, to be unconstitutional.

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