Posts Tagged due process

Man’s Gun Collection Maybe Destroyed Because He Was Depressed

From NBC News:

His family has the right to petition for the weapons, which have been put into storage. If not, or if the police deem the weapons unsafe, they will be destroyed and melted down after a certain period of time.

, , , , , , , ,

No Comments

NY’s Due Process Problem With Red Flags

From Reason:

The new law allows a long list of people to seek an “extreme risk protection order” that bars the respondent from possessing firearms. Potential petitioners include police officers, prosecutors, blood relatives, in-laws, current and former spouses, current and former housemates, current and former girlfriends or boyfriends, people who have produced a child with the respondent, and school administrators or their designees, such as teachers, coaches, and guidance counselors. The “school personnel” covered by the law can even report a former student if he graduated within the previous six months.

, , , , ,

No Comments

Op-ed: Red Flag Laws A Bad Idea

From The Washington Examiner:

As if the numerous, egregious constitutional violations were not enough, however, the “red flag” initiative clearly does not even fulfill its intended purpose. Take Indiana, for example. While a 7.5% decrease
in firearm-related suicides did follow the passage of the “Jake Laird” law (the state’s own version of “red flag”), no reduction in overall suicides (firearm and non-firearm-related) occurred. Yet “red flag” laws continue to be touted as effective deterrents against homicide and suicide, despite the overwhelming amount of evidence that speaks to the contrary.

, , , , , , , , ,

No Comments

Harris Says Confiscate Guns Of Bigots

From Reason:

Sen. Kamala Harris (D–Calif.), who is seeking the 2020 Democratic presidential nomination, says that if elected she will push legislation that would authorize federal courts to issue gun confiscation orders against people who express opinions that may indicate an intent to commit a hate crime. These “domestic terrorism prevention orders” would “temporarily restrict a person’s access to guns if they exhibit clear evidence of dangerousness,” including “violent racist threats or anti-immigrant manifestos.”

, , , , , , , , ,

No Comments

Trump Umwittingly Makes Case Against “Red Flag” Laws

From The Truth About Guns:

, , , , , , , ,

No Comments

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).

, , , , , , , , ,

No Comments

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.

, , , , , , , , , , ,

No Comments

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.

, , , , , , , , , , ,

No Comments

“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.

, , , , , , , , , , ,

No Comments

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.

, , , , , , , , , ,

No Comments

“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.

, , , , , , , ,

No Comments

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.

, , , , , , , , , ,

No Comments

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.

, , , ,

No Comments

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.

, , , , , ,

No Comments

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.

, , , , , ,

No Comments