No, You Can’t Ban Trans People From Owning Firearms

The right to bear arms shall not be infringed, seems simple enough right? Leave it to government to complicate the simple by depriving us of freedom for our “safety”. The Second Amendment applies to all US Citizens and forbids the government from infringing upon our right to bear arms. Our right to bear arms is already treated as a second class right and infringed upon by many unjust laws, especially in democrat-controlled states, but that is a topic for another article. The most recent proposal by some to ban an entire group of citizens from possessing firearms is perhaps logical based on the recent pattern of trans shooters but nonetheless would be wholly unconstitutional. If someone’s beliefs, unreasonable as you may think they are, form the basis to deprive them of any fundamental right, then we run the risk of losing freedom for all depending on the winds of societal opinion and political correctness. Imagine if under a democrat regime everyone who aligns with the MAGA movement were banned from owning firearms? Some will argue that trans people suffer from a mental illness. That alone does not form the basis to deprive them of a fundamental constitutional right without due process. We have the expectation that our rights are affixed to us by our creator and the only way we can lose them is to have our day in court, present our case and let a judge rule. Red Flag Laws already infringe on our right to bear arms by circumventing due process, allowing the government to take away our rights without ensuring our day in court. These dangerous laws, like so many, are based on the idea that the government’s role is to ban things that are “unsafe.” Like most laws Red Flag Laws create an unintended consequence that reduces safety. If you were flagged under one of these laws, the court may issue an order that your guns be seized. You would not have notice and your first indication that this has happened may be a swat team knocking down your door while you’re sleeping peacefully in your bed. Many citizens would respond to the sound of their door being knocked in by grabbing a firearm and engaging the intruder. The sad reality is that such a citizen would be gunned down in their own home by a police officer who was “just doing their job” while executing this Red Flag gun confiscation order.

The loss of due process is not something to take lightly. Once we go down that path, many unexpected doors can be opened. If someone is adequately dangerous to have their rights curtailed and firearms confiscated, they deserve their day in court. We live in a time when courts can find time for emergency hearings to protect an illegal alien from deportation on a moment’s notice. Surely they can find time for hearings on gun confiscation orders when lives are on the line.