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Posts Tagged due process
Gun Control Toolkit Leaked
From Ammoland:
“This document,†noted SAF founder and Executive Vice President Alan M. Gottlieb, “raises alarms because there’s a lot in it about taking someone’s guns, but only two paragraphs about returning firearms to their rightful owner.â€
Red Flag Law Abuse Has Started, As Predicted
From Bearing Arms:
Backers of Colorado’s new red flag law aren’t saying much about the first high profile abuse of the Extreme Risk Protection Order process and for good reason. The case of Susan Holmes has revealed that not only will some individuals try to abuse the system, but the state’s mental health system is likely in need of an overhaul as well.
Colorado Red Flags To Be Granted 95% Of The Time
From Reason:
The Colorado legislature’s official fiscal analysis of that state’s new “red flag” law, which took effect this week, projects that police and “family or household members” will use it to seek gun confiscation orders against people they portray as threats to themselves or others about 170 times a year. The analysis also assumes that 95 percent of those petitions will be granted, which is not far-fetched given Florida’s experience with such orders.
Kentucky To Consider Red Flag Laws
From NRA-ILA:
On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.†Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended and firearms seized without due process. Please contact leadership of the General Assembly, as well as the committee, and urge them to oppose these firearm confiscation schemes.
Redflags The New Redcoats
From The Truth About Guns:
The First, Second, Fourth, Fifth, Sixth, and Fourteenth Amendments are all impacted by proposed red flag laws. We know what these laws look like. Where implemented, these laws generally allow the removal of firearms from someone’s home, without notice or an opportunity for the gun owner to be heard in court in advance of the removal, based on the allegations of a third party.
Retired Cop Has Guns Confiscated For Misheard Comment
From Gun Dynamics:
Stephen Nichols says he was talking with a friend at a local restaurant on Martha’s Vineyard when the subject of the local school resource officer came up. Nichols was upset that the officer, in his opinion, was “leaving his post†by going to get coffee at a nearby convenience shop instead of remaining on campus to protect students, and said that somebody could “shoot up the school†in the officer’s absence. Based on nothing more than that simple remark, Nichols’ life was turned upside down and the Tisbury police have a lot of questions to answer.
Red Flag Laws Hurting Innocents
From Reason:
One thing is certain: Taking away people’s guns based on predictions of what they might do with them raises thorny due process concerns. That’s especially true with laws like Maryland’s, which authorize broad categories of people to seek ERPOs based on scant evidence and effectively put the burden on gun owners to demonstrate that they don’t pose a threat to themselves or others. While the benefits of these laws are mostly speculative, they inevitably deprive law-abiding people of the constitutional right to armed self-defense, even when it is quite unlikely that they would use guns to hurt themselves or anyone else.
Red Flags and Due Process
From American Thinker:
Senator Lindsey Graham (R-S.C.) promised that under his bill, to get a federal grant, the state red flag laws would have to provide “due process.”  Similarly, President Trump has sought to assure the public that any red flag legislation will provide for “rapid due process.”  When questioned, most congressional Republicans say they will support police seizing guns only if rigorous due process is provided.  Don’t buy it.  Red flag laws violate the Second Amendment, and “due process” is not a magic wand to be waved to make the infringement go away.
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.
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.
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 flagâ€), 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.
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.”
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).