No Red Flags For Missouri
The legislative process has been compared to a marathon. There are many bills at the starting line, but few finish the race. This year, more than 500 separate pieces of legislation have been introduced in the Missouri Senate. There are nearly 1,300 bills and resolutions before the House of Representatives. In order for a bill to become law, it must make it through committee hearings, several rounds of floor debate and be approved by both chambers before the session ends in May. Without the support of a majority of lawmakers in both chambers, a bill doesn’t stand a chance of success.
How many of the 1,800 bills and resolutions introduced in 2020 will actually cross the finish line? Not many. In 2019, the General Assembly considered nearly 2,000 bills. Fewer than 100 were signed into law.
I mention these long odds to add some perspective to a group of proposals that have attracted a lot of attention this session. My phone has been ringing off the wall and my email inbox is full with messages from people who are opposed to so-called “red flag” laws.
A number of bills have been introduced into both the House and Senate this year that would allow a family or household member, law enforcement officer or some other petitioner to go before a judge and claim that another person presents a danger to themselves or to others. Based on little to no evidence, the petitioner could ask the courts to demand that the presumably “dangerous” person turn in their guns. If the subject of the red flag refuses, the police would be empowered to confiscate the individual’s firearms.
I believe these red flag laws – otherwise known as “extreme orders of protection” – are being pushed by nationwide groups determined to restrict gun rights in America. They’ve managed to get these laws passed in a number of other states, and my sense is they’re hoping to export their ideas to Missouri. These are just a few of the dozens of measures introduced this year that would restrict gun rights.
Both the U.S. and Missouri Constitutions protect the rights of individuals to keep and bear arms. In fact, the Missouri Constitution says the right “shall not be questioned” and describes it as an unalienable right. The Constitution also says that any restriction of the right to keep and bear arms is subject to strict scrutiny. I don’t believe the laws being proposed meet that standard. I’m convinced they violate the premise of due process, and allow the confiscation of property and the abridgement of essential civil liberties without any proof of wrong-doing.
I will never support these bills, or any other proposal to restrict the right of Missourians to keep and bear arms. I trust I will be joined in my opposition by majorities of lawmakers in both chambers of the General Assembly. I’m confident that none of these proposals will pass.
Any member of the Missouri General Assembly can put forward whatever proposal they deem fit. There’s nothing stopping the introduction of any bill. That does not mean every measure will become a law, however. Past experience tells us that most of the bills that enter the legislative race won’t reach the finish line. Quite a few of them hardly make it out of the blocks. I predict that all of these red flag bills will suffer that fate. They will falter without getting any traction.
It’s my honor to serve as your senator for the 16th District. If you have questions or need any assistance, please call my office at 573-751-5713 or log onto my webpage at https://www.senate.mo.gov/brown for more information.