Posts Tagged due process

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.”

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Trump Umwittingly Makes Case Against “Red Flag” Laws

From The Truth About Guns:

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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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