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Red Flag laws seem very reasonable to people who have no reason to believe that they will ever be subject to them. The same people vigorously object to similarly onerous laws which affect things that they care about.

In the current state of affairs, red flag warnings will be repeatedly brushed aside unless a particularly hostile accuser wants to push it. In my view, that's a recipe for a very high percentage of misuse as a tool for legal retaliation with very little public benefit to back it up.

Nikolas Cruz was allowed by the NICS to buy a firearm despite checking literally every box that could lead to a denial based upon question 11f. Red Flag laws are an effort to fix failing transmission by exchanging the ring and pinion gears: The parts look and sound similar, the systems are connected to the same process, but in practice they proposed solution addresses an orthogonal problem.

G.A. Heath wrote: ↑Tue May 18, 2021 3:36 am

MaduroBU wrote: ↑Tue May 18, 2021 12:26 am Alito's concurrence stated that Red Flag laws are separate and that he expects them to come before the Court, but that this opinion does not specifically address them.

True. But if I understand things correctly Alito's opininion was a seperate concuring opinion, supported by himself alone, which carriers very little (if any) weight.

As legal precedent, it's entirely secondary to Thomas's opinion. But I believe that it's important as Alito is a key vote on any future case that comes before the USSC on Red Flag laws, and the opinion set forth here will likely be reviewed or even reconsidered based upon that future case.

Alito's concurrence stated that Red Flag laws are separate and that he expects them to come before the Court, but that this opinion does not specifically address them.