Posts Tagged red flag laws

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.

, , , , , , , , , ,

No Comments

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.

, , , , ,

No Comments

Dems: Red Flag Database Not Allowed To Include Gang Members

From Gun Dynamics:

Democrats advanced a new measure this week to encourage states to pass “red flag” laws. These so-called extreme risk protection orders authorize removing guns and ammunition from individuals deemed as dangerous by some anonymous, unaccountable person, but it would not include the ready-made lists of gang members.

, , , , , , , ,

No Comments

Mass Shooting Prevented Despite Red Flag Law

From Bearing Arms:

Yet it seems a hotel worker in California appears to have been stopped in his plan to carry out a workplace shooting, and a red flag law doesn’t appear to have been used.

, , , , ,

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

Trump Umwittingly Makes Case Against “Red Flag” Laws

From The Truth About Guns:

, , , , , , , ,

No Comments

Another Death From “Red Flag” Law

From Gateway Pundit:

Last November a 61-year-old Maryland man was shot dead while police were trying to serve him a “red flag” order.
 
The local officials said it was a sign the law is needed.
There’s more…
The police arrived at his house at 5 AM.
The old man had a gun in his hand and was shot dead!

, , , , , , , , ,

No Comments

Crenshaw Supports Red Flag Law

From Bearing Arms:

Rep. Dan Crenshaw, the Texas Republican who’s developed a large following on the right since he was elected in 2018, floated a trial balloon about “red flag” firearms laws on Twitter Sunday evening.

, , , , , , , , ,

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

CO To Recall More Politicians Over Red Flag Law

From The Truth About Guns:

Now Colorado has enacted one of the most sweeping “red flag” laws in the country (that allows virtually anyone — not just relatives and those close to a target — to initiate a confiscation order against anyone who poses a “significant risk”).
In response, a recall effort has been initiated against Rep. Tom Sullivan of Aurora who sponsored the bill.

, , , , , , , , ,

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