Should we be stuck with red flag laws would a person seeking help for depression or the like run the risk of losing their gun rights? And if so would that not stop people from seeking help that they need?
Red flag laws
- Thread starter grover99
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That has been brought up alot
OP
It just came up in my mind because a friend of mine who just changed Doctors had his drivers license confiscated by the new Dr. The new Dr. looked at his medication list and told him he could not drive with the meds he was taking. The Dr. had the right to do this and I was wondering if the same thing could happen with your right to own a gun.
charlie sherrill
Member
One of the things that bothers me about this if you're unlucky enough to live with an irate bi-polar spouse or girlfriend there appears to be little you can do initially if she decides to ruin your life. They come pick up your guns, rare ones included, and they don't take care of them while they have them so even if you get them back they are worth less than when they took them. Most people think of a spouse beater as man vs. woman. That isn't necessarily so. In 40 + years in law enforcement I've seen it the other way around many times. I rode up on a domestic call one night and caught the woman beating her head against the side of a garage so it would look like the husband had beaten her. Guess who went downtown on that call? Had I not seen her he probably would have made the trip. Red flag laws bother me because there appears to be little due process. Bottom line, if you're married to or going with a nut case get out quick.
Red flag laws are sending us down a steep slippery slide. It’s been said and it is worth repeating that these laws take away a persons rights without any hint of due process. Mental health due to human nature pretty much defies a solution but that’s where the problem with the red flag law lies.
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bwade
Member
I concur exactly! In my 40 years LE service I have seen the same thing.
I asked one of our state liberal legislators in a Police Chief conference here in TN a couple of years ago about the same concerns you listed. He was not able to respond, but assumed we would all just go along with his ideas. He ultimately thanked us for our input and left. Last we heard from him about it. We should all beware of these Red Flag laws.
Very slippery slope. For all of these proposed gun control laws, there are already laws in place to address the problems that they’re allegedly trying to solve. The erosion of our civil rights, and using tragic violent events to push gun control is wrong. But, the people that want to disarm law abiding citizens knows no limits. The lies and distortions used to take away our rights is awful, and unfortunately they seem to work.
People need to contact their elected representatives and tell them that you don’t agree with these actions.
Piwo
Member
If your guns are confiscated and up at the property room, you will be happy to only have them neglected, light rust from finger prints, etc. There are the guys that carve their badge numbers prominently on the frame with a center punch, the guys that have to man handle every gun or play with them...fanning single actions, slapping revolver cylinders open and shut, usually out of sight in back report room. Every "cool" or "interesting" gun gets passed around for all to see back at the station. All this after being tossed into the trunk of the patrol car without a case. Then carried in by the armload. I'm sure most departments do not tolerate this and I hope with all the cameras around it doesn't happen anymore. I have never abused property belonging to a citizen, but I've seen it done.
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In 2 years in NM red flag has been used 9 times, five of which resulted in a one year restraining order (against possessing firearms). You can sell firearms at any time during an order to legal buyers or FFL holders. You can also designate that your FFL stores the guns, not the police.
So far, the sky hasn't fallen.
So far, the sky hasn't fallen.
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In another thread it was suggested that an accuser be held to swift, severe, and certain punishment, if they were flagging someone on false pretenses.
I agree 100%.
I agree 100%.
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In most states any false report is a crime. It is here.
Let me know when the punishment is severe and certain.
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For anything, or just that?? 
The penalties for violating a red flag order and false reporting are the same here - a misdemeanor.
The penalties for violating a red flag order and false reporting are the same here - a misdemeanor.
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Muss Muggins
Member
Given my experience with domestic abuse protection orders, it is my opinion that red flag laws will be fraught with abuse . . .
Muss Muggins
Member
Service connected PTSD is without a doubt a mental health issue that should be addressed with any legislation in regard to red flag laws . . .
For anything, or just that??
The penalties for violating a red flag order and false reporting are the same here - a misdemeanor.
I’m good with 11 months and 29 days in jail.
If someone "is a danger to themselves or others"...... is grounds for involuntary commitment here in Pa, (A 302 for 72 hours before a hearing to extend it to 14 or 30 days).
Removing guns doesn't answer the "problem"..... you'd need to also take knives, clubs, car, gas and rocks!
Removing guns doesn't answer the "problem"..... you'd need to also take knives, clubs, car, gas and rocks!
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stanmerrell
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Gun control laws don't work because criminals don't obey laws. Prosecution for criminals violating gun control laws is also rare. Honest citizens get their rights restricted. A bad deal for the good guys. There's already dozens of laws that prevent people from making threats. We have enough laws. What we need is vigilant prosecution of existing laws.
Not a chance. Not for ANY misdemeanors.
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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Don't get me started. The last murderer I arrested got out in less than 20 years.
delcrossv
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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).
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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.
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