This, like so many other balancing of rights issues, is a tough call. Our systems are made of people, and people, all people, are imperfect and fallible.
It was so much easier when I was younger, and saw things in fewer shades of gray.
Yep. When people are involved, it's tough to design a system that will always work correctly. Maybe the balance means no "red flag" law. Maybe it means a more stringent standard for temporary confiscation with every burden on the State with built-in deadlines and automatic penalties for not following them.
Don't know. No one asked me to draft one.