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What Matthew McConaughey Gets Wrong on Guns | Opinion

By: Newsweek

The pressure is on for lawmakers to “do something” after the devastating tragedy in Uvalde, Texas, where a killer known to authorities with a history of violent behavior went unchecked and committed an atrocity. The solutions typically proposed only address the aftermath of the underlying problem that is left unchecked. Uvalde native Matthew McConaughey spent two days in Washington, D.C. this week lobbying lawmakers and spoke at a White House press briefing where he called for red flag laws, an “assault weapons” ban and for raising the age of rifle purchase from 18 to 21 years old (the age for handgun purchases).

So-called red flag laws constitute one of the most dangerous proposals in modern history. The purpose of red flag law is the obliteration of due process in the name of speed and efficiency. Red flag laws first render punishment and establish guilt through ex parte orders, after which the respondent must prove his/her innocence in a process that can take months—and at significant legal expense, to boot. During his 2019 testimony before the Senate Judiciary Committee, law professor Dave Kopel noted that a whopping one-third of red flag orders are wrongly issued and that the ex parte system deprives citizens’ due process rights and right to counsel. If something is serious enough to infringe upon someone’s enumerated constitutional rights, then it’s serious enough to follow our system of due process which allows for a respondent to face the accusations in court before a judge, be evaluated by a mental health professional and makes the state prove guilt before rendering a penalty. The red flag law precedent won’t stop at firearms—it could be widely applied to numerous issues.


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