Don’t California My Texas

Why Red Flag Laws Are One of the Biggest Threats to Gun Rights, Even Under a Trump Administration

by Richard Baimbridge

While most gun owners are celebrating Trump’s victory as a win for the 2^nd Amendment and are breathing a sigh of relief that their guns (especially AR-platform weapons) are safe for now, they’re overlooking what could possibly be two of the greatest threats to ever face gun rights in America.

The first is the Supreme Court case of Garland v. VanDerStock, which, if the court sides with the ATF, could potentially pave the way for all semi-automatic firearms being declared illegal based on the ATF’s argument that they can easily be converted to fully automatic with just minimal modifications.

The second, and more imminent threat, is the expansion and strengthening of Red Flag Laws throughout the United States – a policy that enjoys both strong bipartisan and public support, and which Trump himself has openly embraced in the past, famously saying, “Take the guns away first, then due process.”

On the surface, Red Flag laws might seem like common sense – which is why they’re so popular with the general public, especially in the wake of mass shootings when people are rightfully asking themselves the question, “What can we do to prevent this from happening again?”

Red flag laws, formally known as "Extreme Risk Protection Orders" (ERPOs), allow courts to temporarily restrict an individual’s access to firearms if they’re deemed a threat to themselves or others. Makes sense, doesn’t it?

How Red Flag Laws Work

The process for obtaining a Red Flag order varies across states but generally follows a few key steps. First, a petitioner—usually a family member, law enforcement officer, or healthcare provider—must present evidence to a judge that an individual poses a significant risk.

Evidence can include recent threats, acts of violence, or behavior indicating self-harm. If the judge finds the evidence compelling, they issue a temporary order, typically lasting between one week and 21 days.

Currently, over 20 states and the District of Columbia have implemented some form of Red Flag Law. They differ significantly from state to state in terms of who can initiate the petition, the types of evidence required, and the duration of firearm restrictions. These laws are rapidly expanding across the US, and are also being strengthened with petitions made much easier to file, as is the case with California’s new legislation SB 899 which goes into effect in January 2026.

What’s alarming is the fact that California’s Red Flag Laws aren’t just confined to within the state, but can in fact be executed in other jurisdictions – as recently occurred with a man residing in Texas whose guns were confiscated based on a Red Flag petition filed by a family member in California — a state he hadn’t even visited in decades.

Families Sharply Divided by Politics

Now, consider this possibility – a relative who lives in a different state knows you own guns, perhaps disagrees with your politics, decides your behavior is “dangerous” to yourself or others, and files a Red Flag order against you. Your local sheriff may or may not execute that order. But if you fail to respond to the court where the Red Flag order was issued (which may require you appearing in person), you will be entered into the national database system for background checks and denied the right to purchase firearms in the future.

With so many family relationships (including my own family) now torn apart by extreme political differences, it’s hardly an unlikely scenario. And with tensions running high at family gatherings as we enter the holiday season just after the elections, anti-gun relatives may see the fact that you own guns at all to be sufficient evidence of danger. All it takes is for a sympathetic judge to agree.

The fact is, despite sounding good and perhaps even “common sense” to many people, Red Flag Laws are a clear violation of both the 2^nd Amendment and Due Process – a right that can be traced all the way back to the Magna Carta in 1215, which guarantees that no one can be deprived of life, liberty, or property without just cause.

Are Red Flag Laws Effective?

Furthermore, their efficacy is also highly questionable considering recent examples such as Robert Card, the military arms instructor who killed 18 people and wounded 13 others in Maine last year. Card was a well-known threat who had already been sent for psychiatric treatment by the Army Reserve. His superiors had also sent a letter to Card’s local Sherrif’s Office warning that he had threatened to commit a mass shooting. Yet despite multiple warnings and Maine’s existing Yellow Flag Laws, they did nothing to prevent the tragedy.

While it’s clear that law enforcement should have power to prevent people who pose a clear and imminent risk to themselves of others from causing harm, Red Flag Laws are a slippery slope that leave the door far too wide-open to vague interpretation and abuse. Taking away someone’s rights and property without due process is not something that should be done lightly. And while a Trump Administration is certainly a big win for gun rights as a whole, beware that the devil lies in the details. And the road to hell is, as they say, paved with good intentions.

Want to share your thoughts on Red Flag Laws? Click here to become a part of our community! 

We’re looking for enthusiastic people with experience in hunting, archery and firearms to join our growing team of writers! Share your stories, tips, jokes and advice with our community of subscribers. Contact us today to find out more!