The Case Against Red Flag Laws

In today’s Concealed Carry Report, Tim discussed how President Trump made the case against red flag laws:

Interestingly, just a few days ago President Trump (ironically and likely unintentionally) made a case against red flag laws.

According to Concealed Nation, after CNN’s Chris Cuomo “got into a nearly physical altercation” while out with his family, the president tweeted what he likely thought was a jab at Cuomo:

“Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!”

Dan Zimmerman points out the discrepancy: “Trump’s tweet — no doubt meant to tweak someone who’s been a consistent critic — was stupid and ill-considered. It’s also extremely valuable as the perfect example of why red flag laws, which the president says he supports, are such a bad idea.”

How do you counter red flag laws in discussions?

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I point out the potential for abuse, and how that abuse has already been used. Remember, what Hitler did was “legal”, per the laws that they passed. Same with Stalin.

I have an stalker Ex, that I am quite concerned would in fact use the Red Flag to get back at me, yet again. Years later, she has done all sorts of things through the State etc. I usually know something is coming when I get an “or else” email. So far, it has just cost me lawyer fees and time in court (once).

Also, look at how the psychiatric associations have been working to make “guns” a mental illness.


The popularity of Extreme Risk Protection Orders (ERPOs or “Red Flag Laws”) are a horrifying development within American society. While mental health is a concern with responsible firearms ownership, Red Flag laws seem to be largely arbitrary with regard to those who would be deemed mentally ill.

When the power to declare someone mentally ill falls into the hands of angry neighbors or family members, then the potential for abuse of these Red Flag laws increases exponentially. Likewise when medical professionals such as psychologists or psychiatrists can weaponize their diagnosis so that Civil and Constitutional Rights can be disregarded.

It is absolutely terrifying that both the current POTUS and the NRA are now fully in support of these Red Flag laws.


I live in Illinois. Our government is full of corruption from top to bottom. ERPO’s will be used to confiscate guns from citizens, then never returned. A gun hating close relative, will use it to harass gun owners. The President is dead wrong on this.


I simply point out that they as so far enacted violate our 1st, 2nd, 4th, 5th, and 14th Amendment Rights.

If anyone wants to argue it we’ll go down the list showing exactly how.

I then ask them which of our other protected rights should also be subjected to the same standards.

All the arguments will be based on emotion rather than facts and evidence in support of their positions.


ERPO’s don’t even require a finding of incompetence either prior to or follwing a seizure to allow the state to keep your weapons and strip you of your rights.

Worse, the battle to get them back at best will be extremely long and expensive, far beyond what average people can afford.

Will the so called civil libertarians on the left therefore support the state paying all costs for you to fight these ERPO’s? Of course not.


Having actually been SWATted by a crazy neighbor, I have a very personal experience that I share with folks when we talk about red flag laws.

Most folks know someone with a crazy ex… starting there, it’s a very short conversational walk to what if the crazy ex were to falsely report for the purpose of harassing or disarming their victim.

That conversation can then be turned to what if that victim was you.


There seems to be little to no provision within current ERPOs for false accusations or the criminal charges that should result if someone files a false police report against you.

The potential for abuse of Red Flag laws is enormous, and when an angry neighbor, ex-girlfriend/spouse, or even a deputy sheriff decides that they want to have you SWATed, and there are no criminal penalties attached to such false accusations, then these red flag laws will be abused and used as revenge tactics.

Filing a false police report is a crime, and anyone who would file a false ERPO should be charged and convicted of a felony.

As unConstitutional as Red Flag laws seem to be, there must be mandatory provisions for felony charges that shall be filed against any false accusers.