Not a chance. Not for ANY misdemeanors.
That’s the problem.
Red flag laws
- Thread starter grover99
- Start date
That’s the problem.
There is absolutely no doubt that red flag laws will be abused and scores of innocent owners will have their firearms confiscated. All it takes is a person with a vendetta to call 911 with some made-up accusation like "he threatened to shoot me (or others)," "he's suicidal," "I fear for my life" and you are SCREWED. Brings a whole new meaning to "stand your ground." The new legislation doesn't implement the laws, but it does facilitate them. States can already make up such laws and have. Thankfully, I am protected here in Georgia, as long as Stacey Abrams doesn't become governor. I am also protected living in Cherokee County, we have a Sheriff that will not put up with such BS.
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As presently constituted , they are flagrant violations of the 4th, 5th, and 6th Amendments.
The whole concept is more Soviet than American.
The whole concept is more Soviet than American.
Don't get me started. The last murderer I arrested got out in less than 20 years.
Quoted For Truth.
LDM
Member
These red flag laws are designed to be abused. Some anti-gun activists will start picking people at random to sic LE on them to start a mass disarmament of law-abiding citizens with the lamest of excuses. Because the laws deny due process to the accused it will result in mass confiscation.
It will boil down to individual states and in some cases counties or municipalities. I can see the likes of CA, NY, MI, IL, RI, CT, MA, etc. getting aggressive with red flag laws simply out of spite over the SCOTUS ruling. God help those of you that will have to live with such anarchy. Or you can come here to Georgia, we'd love to have you in Cherokee County (but stay out of Fulton, Cobb, DeKalb and Gwinnett counties).
Not a chance. Not for ANY misdemeanors.
I believe he is referring to the common law definition of a misdemeanor versus a felony. Most first time felons do not due anything like the "year and a day" either.
drumminor2nd
Member
That's not how the laws are written. Unless anti-gun activists start marrying gun owners just to get their guns taken away, they don't have the legal standing to start the proceedings.
Add to that you also need to have a judge sign off on it twice -- once for the emergency order, once at a full hearing a week later -- and most of the nation's county-level judges (even in my state of New York) were elected with an "(R)" at the end of their name.
As a result of the restrictions on who can file and the lack of gun-grabbing desire in our judiciary, New York (19.5 million people) averages about 18 orders a month.
Here in the People's Republic of California they do not lock up actual violent dangerous criminals. The notion that they would lock up a person for making a completely bogus "red flag" complaint is ludicrous. When you include the fact that many (not all) jurisdictions in CA seem to think you are dangerous and crazy for even wanting to own a gun and the idea that a false complaint will result in any sort of adverse action is fairly silly.
Grayfox
US Veteran
Red flag laws amount to guilty until proven innocent. Completely unconstitutional. Its only a matter of time before this comes before SCOTUS where it'll be shot down in flames.
The real question is how many Americans will have to suffer before that happens?
The real question is how many Americans will have to suffer before that happens?
Old Arkansawyer
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If one wasn't depressed before that would make you.
Old Arkansawyer
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After hurricane Katrina did not the LEO in the area take peoples guns
away without due process?
away without due process?
I disagree. Anytime one is denied due process the sky HAS fallen, IMO. If I wanted to be treated like that, there are any number of countries around the world I could pack up and move to.
NOPD seized guns from homes vacated by the residents during the aftermath of the storm, ostensibly for safekeeping. All serial numbers were researched, and those found to be stolen were subject to further investigation. My understanding is that about 550 guns were taken. I do not know how many were found to be stolen. The NRA and the 2AF sued NOPD, and the case settled out of court for an apology and return of the guns . . .
Not to mention the 9th and the 14th.
