Wisconsin State Senator-elect Dora Drake, claiming that citizens in her state “overwhelmingly support” so-called “red flag” laws, told Wisconsin Watch in an interview published New Year’s Day that Democrats will once again push such a gun control measure when the legislature returns.
But it could be a bumpy road for “red flag” proponents, since Republicans control the Wisconsin Assembly, with a slim majority. Drake complained to the Wisconsin Watch that the GOP has not “done enough” in terms of gun control in then state. It’s an assertion with which Badger State gun owners and Second Amendment advocates strongly disagree. Activists at Wisconsin Carry, Inc., oppose “red flag” laws—also known as Extreme Risk Protection Orders (ERPO)—and the group’s founder, Nik Clark, told the publication he doubts such a restrictive measure will reduce crime.
Clark reportedly stated how people determined to commit a crime will not be deterred by a gun control law. He said most crime is committed by “people who are already felons” and are prohibited by existing statutes from having guns in the first place.
The arguments in Wisconsin are hardly new. They have been made in other states, where gun control advocates, traditionally working with Democrats, have pushed all kinds of restrictive measures over the years in an effort to reduce the number of firearms in circulation, and make it more difficult for citizens to exercise their Second Amendment rights.
Article 1, Section 25 of the Wisconsin state constitution is simple and direct: “The people have the right to keep and bear arms for security, defense, hunting, recreation or any other lawful purpose.”
Grassroots gun rights advocates are quick to note that rights are special, and they may not be tampered with as easily as government-regulated privileges. Over the years, however, gun prohibitionists have endeavored to blur the lines between rights and privileges, say critics.
At least 21 states have some form of “red flag” law, which may be one reason the Second Amendment Foundation last year launched its “Capture the Flag” project. On its website, the foundation explains, “SAF’s Capture the Flag initiative was envisioned to challenge Red Flag Laws that deprive individuals of their Right to Keep and Bear Arms based on evidentiary standards that offend constitutional notions.
“The Initiative’s inaugural case, Willey v. Brown, was filed in Maryland on August 22, 2023. Donald Willey, a decorated Marine Corps combat veteran was victimized by Maryland’s lax evidentiary standard required for the issuance of a temporary extreme risk protection order, and as a result, deprived of his Second Amendment rights stemming from a vindictive County official’s determination to punish him. “The case is still ongoing.
“If you have been subjected to an extreme risk protection order, risk protection order, or emergency gun violence restraining order in California, Florida, Maryland, Massachusetts, New Jersey, and Washington.”
Wisconsin is not on the list because the state so far does not have such a law. With Republicans controlling the Senate and Assembly, it is not likely to happen anytime soon, but that evidently will not stop Drake and fellow Democrats from trying.
