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Posts Tagged red flag laws
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.
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.
Â
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!
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.
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).
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.
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 riskâ€).
In response, a recall effort has been initiated against Rep. Tom Sullivan of Aurora who sponsored the bill.
“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.
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.
“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.
“Red Flag” Law Proposed In Texas
From Gun Dynamics:
Texas lawmakers will consider anti-gun bills including “red flag†laws, mandatory background checks for all private handgun sales at gun shows, and new regulations on 3-D printed firearms in the next year’s legislative session.