Graham Defends Support for Red Flag Laws: ‘The Second Amendment Isn’t a Suicide Pact’

Senator Lindsey Graham (R-S.C.) responded to criticisms for his support of Red Flag laws following the recent mass shootings in Texas and Ohio.

The shootings in Dayton and El Paso left 31 innocent people dead and a nation yearning for an end to gun violence. While some Democrats have called for major changes to gun access in the United States, many Republicans seem focused on implementing Red Flag laws.

As IJR previously explained, Red Flag laws allow law enforcement to confiscate weapons from an individual who has been flagged by a family member. A judge must approve of the confiscation, but the flagged individual is never alerted to the situation.

The fact that the individual can have his or her weapons taken by the authorities without ever speaking with a judge leaves some concerned that Red Flag laws are an abuse of the due process rights of the individual.

Despite the due process concerns, Graham and other Republicans are moving forward with a bill that incentivizes states to pass Red Flag laws. During an interview on Fox News, Graham pushed back on host Martha MacCallum after she questioned him on the due process rights of the individual.

Watch Graham’s comments:

“I think [critics of Red Flag laws are] dead wrong, quite frankly. […] The Parkland shooting: 40 visits by the cops to [the gunman’s] house. A FBI hotline tip that he’s about ready to go to school and shoot people up, social media postings. There are plenty of judicial proceedings every day in America were somebody is adjudged to be a danger to themselves and others and they’re put in a mental health facility. That goes on all the time. So that process would apply to gun ownership. Nobody’s going to lose their gun unless they had their day in court, but we’re not going to create a situation the cops sit on the sidelines and watch somebody blow up when there are plenty of warning signs.”

Graham later added, “The Second Amendment is not a suicide pact.”

The senator is optimistic that his Red Flag legislation will pass through the House and Senate and land on President Donald Trump‘s desk. The president has signaled that he would support such legislation.

What do you think?

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Sounds like a bandaid solution. It’s understandable that gun laws need to be stricter and that the two sides must work together to end the madness, but the madness doesn’t lie dormant in the gun, it’s in the hearts and minds of the offenders. While government officials will be able to remove guns, hopefully with more than just one person’s word for it, they won’t cure the problem. Mental, physical and emotional illness are the driving factors here. If I were bent on destroying others and myself I wouldn’t let a gun law keep me from doing it. I would… Read more »


Let’s say that Lindsay and the president are rope-a-doping the Dims (i.e. the gun-control crowd).

I would laugh out loud if they pass a bill and the president says, “Nope. Not signing it.” Heads would implode.

I’m hoping that Trump realizes that siding with gun-control will lose him 2020.


Lindsay, will you suit up in body armor and try to take someone’s guns? No? Then you’re a quisling and coward like the gun-control crowd.


As a former judge Graham should know that they violate the law.
He needs to work on getting state hospitals put back into operation so that they can weed out the nutcases like they used to.

Kyle Throop

No, the 2nd Amendment is supposed to be a shield for all our other rights. Red Flag laws don’t have adjudication in any real sense. What they have is rubber stamping like FISA courts are known for. They are going to create a situation where cops kill innocent home owners who’s distant relative (neighbor, co-worker, etc.) was angry over something stupid and decided to use the cops to get back at them. This has already happened in the early adopter states. A right that can be stripped away on a whim in the middle of the night is not a… Read more »

Jess Sain
Jess Sain

Every single solution they have proposed would NOT have prevented any one of these incidents. It’s on record that their ultimate goal is the elimination of all guns.

Jess Sain
Jess Sain

Linda Grahamnesty has his panties in a wad again. More people were killed by drunk drivers/inattentive drivers or texting drivers than in all the wars combined and there is NO amendment protecting driving so we should ban all cars for the sake of safety. Numbers don’t lie but politicians do. Barrel first and empty Linda, they’re all yours.

Glen Hillebrand

What happens when the first armed citizen is arrested and “deemed” dangerous; and all due to someone who is disgruntled. Are we ready for that?

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