Quote Originally Posted by BigNastyCowboy View Post
We agree. YAY!

That is exactly what I asked. It was rhetorical in that I didn't expect an answer, because the answer is pretty obvious.

There are 17 states with some FORM of red flag gun laws. They are on the books. They exist. They are Constitutional.*

*Any law that is in existence is Constitutional until ruled otherwise.

Let's get something straight, OK, Levant? Popeye clued me in about red flag gun laws. I have come to appreciate that red flag gun laws are, in some cases, present and not being used. In other cases, family and close acquaintances are reluctant to report because things can get awkward, if not downright dangerous.

In a credible survey (I really like credible surveys, shout out to Popeye) red flag (non-gun) laws are shown to have some positive effect with mental issues, but don't change anything for gun violence.

As for this new FEDERAL attempt at same, I predict infant mortality and, if that's not the case, a whole lot of court contests up to SCOTUS.
We've been having these constitutional law classes here since my first day, I think. Problem is, you're not doing your homework. Like many failing students, you're copying the work of others and turning it in as your own.

16 Am Jur 2d, Sec 177 late 2d, Sec 256: The general misconception is that any statute passed by legislators bearing the appearance oflaw constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and anystatute, to be valid, must be In agreement. It is impossible for both the Constitution and a lawviolating it to be valid; one must prevail. This is succinctly stated as follows: The General rule is that an unconstitutional statute, though having the form and name of law isin reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionalitydates from the time of it's enactment and not merely from the date of the decision so branding it.An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.Such a statute leaves the question that it purports to settle just as it would be had the statute notbeen enacted. Since an unconstitutional law is void, the general principles follow that it imposes no duties,confers no rights, creates no office, bestows no power or authority on anyone, affords noprotection, and justifies no acts performed under it
What is this supreme law of the land thing mentioned in American Jurisprudence above?

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Constitution is always the highest law of the land. It's not set aside in between when Congress, your state legislature, or your city counsel, creates an unconstitutional statute until such a time as it gets to the Supreme Court.

I'm not suggesting that anyone refuse to comply with any unconstitutional law without giving serious thought to the consequences. You could be right and still get arrested or even shot - because government has more and bigger guns than you do. Unconstitutional or not, the Supreme Court could also rule against you, if you can get it tat far, but even that doesn't make it constitutional. But we're not talking about what you may or may not be physically forced to endure; we're talking about what is constitutional.

17 states may have red flag statutes but they are not constitutional.