In 2019 two of the most liberal members of the WV House suggested a “Red Flag” law was a good idea for our state. Within 24 hours 27 members signed a joint press release saying in part,
“The recognition and protection of the most basic natural right – the right of self-defense – is enshrined in the Second Amendment of the United States Constitution and in Article III, Section 22 of the Constitution of West Virginia. We will not abandon these guarantees of individual liberty in the pursuit of hollow ‘solutions’ that will not solve the current issue, much less guarantee freedom to the generations that will follow us. Having sworn an oath to support the Constitution of the United States and the Constitution of this State, we will abide by that oath in spite of short-sighted and temporary political pressures.”
It was a bad idea then and it is a bad idea now.
Now we have a “compromise” bill in the US Senate, supported by both of West Virginia’s Senators, that will use the hard earned dollars of every WV taxpayer to incentivize just such a scheme all over the United States.
Webster’s defines compromise as:
1a: settlement of differences by arbitration or by consent reached by mutual concessions
b: something intermediate between or blending qualities of two different things
2: a concession to something derogatory or prejudicial // a compromise of principles
Clearly, this legislation can only be viewed as a compromise in the second definition of the word. When cries to “do something” emanate from Washington, compromise never consists of ‘consent reached by mutual concessions’, but only ever a compromise of principles from those who have sworn to defend the constitutional rights of every American citizen. Never do we find compromise in the first sense of concessions being granted from both sides of the debate, only negotiation on how far we are willing to go in surrendering basic natural rights each time.
There are some provisions of the bill that may stand on their own merit, expanding mental health services and improving security in our schools are hardly controversial and could easily pass with bipartisan support without onerous infringements on lawful gun owners. Anonymous reporting and an ex parte petition to a court where the subject of the anonymous tip isn’t permitted to even have their side represented, such as California’s law, are blatantly unconstitutional infringements on the due process rights of every American citizen.
West Virginia already has a process in place for mental hygiene hearings that guarantees due process rights for anyone reported to be a threat to themselves or others. Subjects of an application for involuntary commitment are guaranteed a hearing before a Mental Health Commissioner within 24 hours and are required to be present and permitted to present testimony and evidence in their own defense. This is a much more sensible solution to possibly dangerous people with mental health issues than a myopic focus on firearms. Truly dangerous people need to be taken off the streets and given treatment, merely sending law enforcement to seize any firearms they might be able to find is no guarantee of public safety, only a feel good measure.
We rejected this scheme in West Virginia because the good people of this state have always supported the rights guaranteed them by the state and federal constitutions and demanded that we do so.
Before our Senators hurry to pass this bill, I hope they will heed this clear and consistent message from Mountaineers and refuse any and all further compromises eroding our rights.
Montani Semper Liberi
Delegate Chris Phillips,
WV 47th District