Extreme Risk Protection Orders (ERPOs), commonly referred to as “red flag laws,” have been at the forefront of the gun control debate. The idea is simple: if a person is deemed mentally unstable, and a risk to themselves or others, he or she can be stripped of their firearms. Typically, family members, doctors and law enforcement have the power to petition a judge to deem the gun owner mentally unfit to own a firearm, at least for the time being. Some states, like Florida, have already implemented these laws. While they sound great on paper, they have a number of practicality issues. The biggest one is the lack of due process.
Just last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That’s right. A man was stripped of his Second Amendment right…because the police failed to differentiate a law-abiding citizen with a thug.