Red Flag Laws

With gun control still on the front burner, one of the ideas working its way through Congress is a red flag law.  What would that be?  If there were concerns about a gun owner being a danger to themselves or others, the police would confiscate that person's guns.  Sound reasonable?  No.  The law would inflict the punishment before the person was found guilty of any wrongdoing.  This is similar to the hated asset forfeiture, where the police confiscate property without charging the person with a crime.  It is suddenly up to the defendant to prove that they didn't intend to buy drugs with a large sum of cash.  The same would be true for the guns.  Let's see what the 5th Amendment says:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Did you see that part toward the end.  "...nor be deprived of ... property, without due process of law..."  Would taking a person's guns count as depriving of property?  Yes, it would.  We have already seen how the government selectively enforces laws.  The president's son lied on an application for a gun and nothing has happened.  Rioters across the country (BLM and/or Antifa) were mostly slapped on the wrist despite billions of dollars in damages.  Rioters from January 6th, who caused hundreds of dollars in damages, have had the book thrown at them.  What are the odds that red flag laws get used against people of one political leaning only?  Something close to 100% would be my guess.

It is good to keep in mind that the American Revolution began - had that shot heard round the world - when the British Army marched from Boston to confiscate guns from private citizens.  Are any of our representatives or senators familiar with US history?  I often wonder.