This week, we're taking a close look at the latest in the legal battle over "red flag" laws.
To help understand the ins and outs of why gun-rights activists object to the temporary gun seizure orders, we have the director of legal operations for the group challenging Maryland's version of the law. The Second Amendment Foundation's Bill Sack joins the show to discuss the latest ruling in the case, which actually went against the group.
Sack said their Maryland case centered around a dispute between a county zoning official and a resident that saw the man's guns taken from him over what he said were false claims of a threat. Sack said the incident is an example of the flaws in Maryland's system that allow for abuse of a fundamental right.
He also said the case shows the difficulty of making a Second Amendment case against red flag laws in the wake of the Supreme Court's US v. Rahimi decision. Instead, Sack said the group is relying more heavily on Fourth, Sixth, and Fourteenth Amendment claims against the lower evidentiary standards the laws use. He said the judge's point about similar procedures utilized in other contexts being blessed by the Supreme Court and others wasn't persuasive, and should be reversed--even in circumstances that don't involve firearm seizures.
Sack said the Second Amendment Foundation hasn't yet decided what to do in the Maryland case, but they plan to keep fighting red flag policies that don't meet their constitutional standards.