Posts Tagged due process

PA Law Challenged On Due Process

From Bearing Arms:

On July 3, 2019, Gun Owners of America (GOA) and its legal arm, Gun Owners Foundation (GOF) — in cooperation with local gun groups — filed an Amici Curiae brief with the United States Court of Appeals for the Third Circuit. The brief is supporting gun owners who had their constitutional right to keep and bear arms violated by Section 302 of the Pennsylvania Mental Health Procedures Act (MHPA).

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Red Flag Fallout In Colorado

From Reason:

Commonly referred to as a “red flag law,” this type of legislation is part of a state-by-state strategy pushed by gun control activists who were galvanized by the 2018 shooting at Stoneman Douglas High School in Parkland, Florida. Prior to the Parkland shooting, five states had some sort of red flag law on the books; not including H.B. 1177, there are now 14.

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Washington Expands Reasons For Taking Guns

From Bearing Arms:

Now, the state wants to use ERPOs for more gun owners who, like the man who went to Northwest Hospital in early April, threaten to commit hate-fueled violence. Among a slew of gun violence prevention bills signed by Governor Jay Inslee in early May was an amendment to the current ERPO law that specifies that judges should consider whether a troubled gun owner has been convicted of “malicious harassment,” a category that includes behaviors like burning crosses and defacing property with swastikas. It’s the first hate-specific ERPO law in the country.

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“Red Flag” Laws Rigged Against Gun Owners

From Reason:

Depending on what counts as a “significant risk,” the probability that the subject of a temporary order actually would have used a gun to hurt himself or someone else may be quite low. If 10 percent is significant, for example, that probability might be around 5 percent (51 percent times 10 percent). So even if judges are weighing the evidence with such precision, they will be taking away the Second Amendment rights of people who almost certainly would not have committed suicide or murder.

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What To Do During A “Red Flag Order”

From The Truth About Guns:

These “extreme risk protection orders” or “gun violence restraining orders” — whatever they may be called in your state — while grossly unconstitutional, are temporary. Every state where this is law has a specified hearing date, usually about ten to fourteen days after confiscation. At that hearing, the gun owner who’s been temporarily stripped of his or her gun rights has an opportunity to contest the initial complaint in front of a judge. If the judge adjudicates the complaint as unfounded, your rights are restored and you’ll soon get your guns back.

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“Red Flag” Laws A Bad Idea

From The Washington Examiner:

But the laws are more complicated than usually discussed in the press. Depending upon the state, anyone from a family member, intimate partner, ex, house or apartment mates, or police can file a complaint. Under Colorado’s proposed law, anyone can make a phone call to the police. They don’t even have to be living in the state. There is no hearing. All the judge has before them is the statement of concern.

Fourteen states have now adopted these laws. Nine states adopted these laws last year after Parkland. Colorado will be the second state this year to adopt the law. U.S. Sens. Dianne Feinstein, California Democrat, and Marco Rubio, Florida Republican, have similar laws that they are pushing.

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Texas Proposes Dangerous Red Flag Law

From Gun Owners of America:

Governor Abbott announced his “emergency” agenda items Tuesday and included school safety with an emphasis on “mental health.” While no bills have been specified yet, this could easily include items such as “red flag” type legislation that we have been fighting all across the country that allows for gun confiscation simply because a judge decides that you might misuse them in the future.

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Gun Control and Due Process

From The Federalist:

Another area of American life where we continue to see egregious attacks on the presumption of innocence is gun ownership. You might remember that a couple of years ago Democrats engaged in a much-covered congressional “sit-in” to support legislation that would have stripped Americans who’d been placed on secret government watch lists — hundreds of thousands of people who had never been convicted, much less accused, of any crime — of their constitutional right to bear arms.

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Mass. Gov Signs Gun Confiscation Bill

From The Daily Caller:

Republican Gov. Charlie Baker signed a bill on Tuesday allowing for temporary gun confiscation without any due process in Massachusetts.

Bill H4670 enables the police, a family or household member, including roommates, relatives or significant others, to remove firearms, firearm identification cards and ammunition from any individual deemed to be a danger to oneself or others.

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California Passes Law That Ignores Due Process, Strips Guns

From Southern California Public Radio:

Family members who believe a loved one poses a danger to themselves or others will be able to ask police to seek a temporary “gun violence” restraining order from a judge beginning Jan. 1. The order would allow police to seize the person’s guns for 21 days.

Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police.

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New Gun Bill Is Gun Controlers’ Wet Dream

From The Federalist:

Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence–evidence which will almost certainly be redacted–in order to strip you of your Second Amendment right to defend yourself and your family from terrorists:

In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination under section 922A or 922B of this title. The court shall sustain the Attorney General’s determination upon a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.

Remember, you don’t have to be convicted of any crime whatsoever to end up on the terrorist watch list. You don’t even have to be charged with a crime to lose your constitutional rights under the proposed law. If this proposed legislation were to become law, some DHS bureaucrat–perhaps the type of bureaucrat who wrote earlier this year that “right-wing terrorists” pose the biggest threat to American national security–only needs to snap his fingers and add your name to the blacklist in order to immediately deprive you of your Second Amendment rights and your constitutional right to due process. You don’t even get to review the entirety of the evidence against you.

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