John Whitehead's Commentary
Red Flag Gun Laws: Yet Another Government Weapon for Compliance and Control
“Those who cannot remember the past are condemned to repeat it.”—George Santayana
We never learn.
In the right (or wrong) hands, benevolent plans can easily be put to malevolent purposes.
Even the most well-intentioned government law or program can be—and has been—perverted, corrupted and used to advance illegitimate purposes once profit and power are added to the equation.
The war on terror, the war on drugs, the war on illegal immigration, asset forfeiture schemes, road safety schemes, school safety schemes, eminent domain: all of these programs started out as legitimate responses to pressing concerns and have since become weapons of compliance and control in the police state’s hands.
Mark my words: red flag gun laws, which allow the police to remove guns from people suspected of being threats, will only add to the government’s power.
These laws, growing in popularity as a legislative means by which to seize guns from individuals viewed as a danger to themselves or others, are yet another Trojan Horse, a stealth maneuver by the police state to gain greater power over an unsuspecting and largely gullible populace.
Thirteen states now have red flag laws on their books. That number is growing.
As The Washington Post reports, these laws “allow a family member, roommate, beau, law enforcement officer or any type of medical professional to file a petition [with a court] asking that a person’s home be temporarily cleared of firearms. It doesn’t require a mental-health diagnosis or an arrest.”
In the midst of what feels like an epidemic of mass shootings, these gun confiscation laws—extreme risk protection order (ERPO) laws—may appease the fears of those who believe that fewer guns in the hands of the general populace will make our society safer.
Of course, it doesn’t always work that way.
Anything—knives, vehicles, planes, pressure cookers—can become a weapon when wielded with deadly intentions.
With these red flag gun laws, the intention is to disarm individuals who are potential threats.
“We need to stop dangerous people before they act”: that’s the rationale behind the NRA’s support of these red flag laws, and at first glance, it appears to be perfectly reasonable to want to disarm individuals who are clearly suicidal and/or pose an “immediate danger” to themselves or others.
Where the problem arises, of course, is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.
We’ve been down this road before.
Remember, this is the same government that uses the words “anti-government,” “extremist” and “terrorist” interchangeably.
This is the same government whose agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports using automated eyes and ears, social media, behavior sensing software, and citizen spies to identify potential threats.
This is the same government that keeps re-upping the National Defense Authorization Act (NDAA), which allows the military to detain American citizens with no access to friends, family or the courts if the government believes them to be a threat.
This is the same government that has a growing list—shared with fusion centers and law enforcement agencies—of ideologies, behaviors, affiliations and other characteristics that could flag someone as suspicious and result in their being labeled potential enemies of the state.
For instance, if you believe in and exercise your rights under the Constitution (namely, your right to speak freely, worship freely, associate with like-minded individuals who share your political views, criticize the government, own a weapon, demand a warrant before being questioned or searched, or any other activity viewed as potentially anti-government, racist, bigoted, anarchic or sovereign), you could be at the top of the government’s terrorism watch list.
Moreover, as a New York Times editorial warns, you may be an anti-government extremist (a.k.a. domestic terrorist) in the eyes of the police if you are afraid that the government is plotting to confiscate your firearms, if you believe the economy is about to collapse and the government will soon declare martial law, or if you display an unusual number of political and/or ideological bumper stickers on your car.
Let that sink in a moment.
Now consider what happened in Maryland after a police officer attempted to “enforce” the state’s new red flag law, which went into effect on Oct. 1.
At 5 am on a Monday, two police officers showed up at 61-year-old Gary Willis’ house to serve him with a court order requiring that he surrender his guns. Willis answered the door holding a gun.
Mind you, in some states, merely answering the door holding a gun is enough to get you killed by police who have a tendency to shoot first and ask questions later.
Willis initially set his gun aside while he spoke with the police. However, when the police attempted to serve him with the gun confiscation order, Willis reportedly became “irate” and picked up his gun again. At that point, a struggle ensued, causing the gun to go off. Although no one was harmed, one of the cops shot and killed Willis.
According to the Anne Arundel County police chief, the shooting was a sign that the red flag law is needed.
What the police can’t say with any certainty is what they prevented by shooting and killing Willis.
Therein lies the danger of these red flag laws, specifically, and pre-crime laws such as these generally.
This is the world that science fiction author Philip K. Dick envisioned for Minority Report in which the government is all-seeing, all-knowing and all-powerful, and if you dare to step out of line, dark-clad police SWAT teams will crack a few skulls to bring the populace under control.
In Dick’s dystopian police state, the police combine widespread surveillance, behavior prediction technologies, data mining and precognitive technology to capture would-be criminals before they can do any damage: precrime.
In Minority Report, directed by Steven Spielberg, the technology that John Anderton, Chief of the Department of Pre-Crime in Washington, DC, relies on for his predictive policing proves to be fallible, identifying him as the next would-be criminal and targeting him for preemptive measures. Consequently, Anderton finds himself not only attempting to prove his innocence but forced to take drastic measures in order to avoid capture in a surveillance state that uses biometric data and sophisticated computer networks to track its citizens.
With every passing day, the American police state moves that much closer to mirroring the fictional pre-crime prevention world of Minority Report.
For instance, police in major American cities have been testing a tool that allows them to identify individuals—or groups of individuals—most likely to commit a crime in a given community. Those individuals are then put on notice that their movements and activities will be closely monitored and any criminal activity (by them or their associates) will result in harsh penalties.
In other words, the burden of proof is reversed: you are guilty before you are given any chance to prove you are innocent.
Dig beneath the surface of this kind of surveillance/police state, however, and you will find that the real purpose of pre-crime is not safety but control.
Red flag gun laws merely push us that much closer towards a suspect society where everyone is potentially guilty of some crime or another and must be preemptively rendered harmless.
Where many Americans go wrong is in naively assuming that you have to be doing something illegal or harmful in order to be flagged and targeted for some form of intervention or detention.
In fact, U.S. police agencies have been working to identify and manage potential extremist “threats,” violent or otherwise, before they can become actual threats for some time now.
In much the same way that the USA Patriot Act was used as a front to advance the surveillance state, allowing the government to establish a far-reaching domestic spying program that turned every American citizen into a criminal suspect, the government’s anti-extremism program renders otherwise lawful, nonviolent activities as potentially extremist.
In fact, all you need to do these days to end up on a government watch list or be subjected to heightened scrutiny is use certain trigger words (like cloud, pork and pirates), surf the internet, communicate using a cell phone, limp or stutter, drive a car, stay at a hotel, attend a political rally, express yourself on social media, appear mentally ill, serve in the military, disagree with a law enforcement official, call in sick to work, purchase materials at a hardware store, take flying or boating lessons, appear suspicious, appear confused or nervous, fidget or whistle or smell bad, be seen in public waving a toy gun or anything remotely resembling a gun (such as a water nozzle or a remote control or a walking cane), stare at a police officer, question government authority, appear to be pro-gun or pro-freedom, or generally live in the United States.
Be warned: once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, a dissident watch list, or a red flag gun watch list—there’s no clear-cut way to get off, whether or not you should actually be on there.
You will be tracked wherever you go.
You will be flagged as a potential threat and dealt with accordingly.
This is pre-crime on an ideological scale and it’s been a long time coming.
The government has been building its pre-crime, surveillance network in concert with fusion centers (of which there are 78 nationwide, with partners in the private sector and globally), data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics (in which life experiences alter one’s genetic makeup).
It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.
If you’re not scared yet, you should be.
Connect the dots.
Start with the powers amassed by the government under the USA Patriot Act, note the government’s ever-broadening definition of what it considers to be an “extremist,” then add in the government’s detention powers under NDAA, the National Security Agency’s far-reaching surveillance networks, and fusion centers that collect and share surveillance data between local, state and federal police agencies.
To that, add tens of thousands of armed, surveillance drones that will soon blanket American skies, facial recognition technology that will identify and track you wherever you go and whatever you do. And then to complete the picture, toss in the real-time crime centers being deployed in cities across the country, which will be attempting to “predict” crimes and identify criminals before they happen based on widespread surveillance, complex mathematical algorithms and prognostication programs.
Hopefully you’re starting to understand how easy we’ve made it for the government to identify, label, target, defuse and detain anyone it views as a potential threat for a variety of reasons that run the gamut from mental illness to having a military background to challenging its authority to just being on the government’s list of persona non grata.
This brings me back to those red flag gun laws.
In the short term, these gun confiscation laws may serve to temporarily delay or discourage those wishing to inflict violence on others, but it will not resolve whatever madness or hate or instability therein that causes someone to pull a trigger or launch a bomb or unleash violence on another.
Nor will these laws save us from government-instigated and directed violence at the hands of the American police state or the blowback from the war-drenched, violence-imbued, profit-driven military industrial complex, both of which remain largely overlooked and underestimated pieces of the discussion on gun violence in America.
In the long term, all these gun confiscation laws will do is ensure that when the police state finally cracks down, “we the people” are defenseless in the face of the government’s arsenal of weapons.
After all, the most important and most consistent theme throughout the Constitution, including the Second Amendment, is the fact that it is not merely an enumeration of our rights but was intended to be a clear shackle on the government’s powers.
Supreme Court Justice William O. Douglas understood this tension well. “The Constitution is not neutral,” he remarked. “It was designed to take the government off the backs of people.”
In this way, the freedoms enshrined in the Bill of Rights in their entirety stand as a bulwark against a police state. To our detriment, these rights have been steadily weakened, eroded and undermined in recent years.
Yet without any one of them, including the Second Amendment right to own and bear arms, we are that much more vulnerable to the vagaries of out-of-control policemen, benevolent dictators, genuflecting politicians, and overly ambitious bureaucrats.
You can eliminate all of guns, but it will not necessarily eliminate violence. Those same individuals sick enough to walk into an elementary school or a movie theater and open fire using a gun can and do wreak just as much havoc with homemade bombs made out of pressure cookers and a handful of knives.
It’s also not even a question of whether Americans need weapons to defend themselves against any overt threats to their safety or well-being, although a study by a Quinnipiac University economist indicates that less restrictive concealed gun-carry laws save lives, while gun control can endanger lives. In fact, journalist Kevin Carson, writing for CounterPunch, suggests that prohibiting Americans from owning weapons would be as dangerously ineffective as Prohibition and the War on the Drugs:
[W]hat strict gun laws will do is take the level of police statism, lawlessness and general social pathology up a notch in the same way Prohibition and the Drug War have done. I’d expect a War on Guns to expand the volume of organized crime, and to empower criminal gangs fighting over control over the black market, in exactly the same way Prohibition did in the 1920s and strict drug laws have done since the 1980s. I’d expect it to lead to further erosion of Fourth Amendment protections against search and seizure, further militarization of local police via SWAT teams, and further expansion of the squalid empire of civil forfeiture, perjured jailhouse snitch testimony, entrapment, planted evidence, and plea deal blackmail.
Truly, the debate over gun ownership in America is really a debate over who gets to call the shots and control the game. In other words, it’s that same tug-of-war that keeps getting played out in every confrontation between the government and the citizenry over who gets to be the master and who is relegated to the part of the servant.
The Constitution is clear on this particular point, with its multitude of prohibitions on government overreach. As author Edmund A. Opitz observed in 1964:
No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words “no” and “not” employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.
In a nutshell, then, the Second Amendment’s right to bear arms reflects not only a concern for one’s personal defense but serves as a check on the political power of the ruling authorities. It represents an implicit warning against governmental encroachments on one’s freedoms, the warning shot over the bow to discourage any unlawful violations of our persons or property. As such, it reinforces that necessary balance in the citizen-state relationship.
Certainly, dictators in past regimes have understood this principle only too well. As Adolf Hitler noted, “The most foolish mistake we could possibly make would be to allow the subject races to possess arms. History shows that all conquerors who have allowed their subject races to carry arms have prepared their own downfall by so doing.”
It should come as no surprise, then, that starting in December 1935, Jews in Germany were prevented from obtaining shooting licenses, because authorities believed that to allow them to do so would “endanger the German population.”
In late 1938, special orders were delivered barring Jews from owning firearms, with the punishment for arms possession being twenty years in a concentration camp.
The rest, as they say, is history.
Yet as I make clear in my book Battlefield America: The War on the American People, it is a history that we should be wary of repeating.
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. Whitehead can be contacted at firstname.lastname@example.org.