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Old 11-12-2018, 12:19 AM
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Golddollar Golddollar is offline
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Let's consider how this process would work in a perfect world. No aspersions are being cast on the impartiality, competence, honesty, political views and/or diligence of the parties involved:

The District Attorney of the county receives a complaint that Joe Q. Gunowner, who has a small but high quality gun collection, is acting strangely and the complainant feels Joe Q. Gunowner is a danger to the community. The District Attorney promptly does his due diligence and determines that the complainant is squarely within the limited universe of persons entitled under the "Red Flag" statute to make such a complaint.

The District Attorney dutifully requests a hearing about Joe Q. Gunowner in the county court of record. Present in the courtroom are the judge, the District Attorney and the complainant, together with the court clerk, bailiff and court reporter. The District Attorney puts the complainant on the stand, the court clerk swears the complainant in, and the District Attorney proceeds to question the complainant, who states under oath that Joe Q. Gunowner is a scary person and a gunowner, therefore a danger to the community. As a courtesy to the judge, the District Attorney already has an order drafted for the judge to sign, declaring that Joe Q. Gunowner is a danger to the community and ordering all of his guns to be confiscated by the police.

Now through this whole proceeding, we have present in the courtroom the District Attorney and the judge, both employees of the state. Who is there to represent Joe Q. Gunowner? A) The Public Defender's Office - No, because there is no allegation that a crime has even been committed; B) Legal Services Corporation - No, because anybody who could afford a nice quality gun collection would have too much in assets to qualify for assistance by the Legal Services Corporation; C) a sharp, local private attorney - No, because until the police show up at his door to confiscate his guns, Joe Q. Gunowner doesn't have a clue that he has been the object of the court proceeding just described, which also apply with A & B, and needs to have a lawyer to represent his interests.

I reiterate, this is a perfect world scenario.
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