editor victoria’s comment ~ wow – this is a horrible law. anyone can report another who owns a gun using the guise of “they are a possible threat to themselves or another” – the police show up and confiscate the weapon. it can be a neighbor or former lover/friend who seeks revenge or who simply lacks the ability to be kind and thoughtful and instead “tattles” to the system.
more orwellian agenda’s continuing to play out.
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Written by: Off The Grid New
Democrats love talking about “common sense gun laws” which are only common sense to them. To the rest of us, common sense doesn’t have anything to do with it. This is especially clear when we examine the gun control measures they constantly propose. These invariably have nothing to do with the crimes which supposedly trigger those proposals.
The Truth Behind The “Red Flag” Gun Law
One of their initiatives which has been gaining ground recently is the “red flag” law. As of this writing, 13 states have enacted this type of legislation. Additionally, another three have proposed laws in their state legislature. A dozen more states are considering enacting these laws, although there is no actual bill in the legislature. Red flag laws allow law enforcement to confiscate the guns of people who the courts deem to be a threat to themselves or society.
These initiatives have come from both parties. In addition, the NRA supports some red flag bills and opposes others based upon the specifics in each state. What support the NRA does offer to the law comes with a number of caveats designed to protect law-abiding gun owners.
But here’s the problem, there’s no due process involved in these red flag laws. A particular party does have to present specific cases before a judge before the police can take action. However, there is no opportunity for the accused to confront their accuser or make any sort of defense. Yet, this is one of the basic principles of American law that is completely missing from the picture.
The “Red Flag” Gun Law Destroys Second Amendment Rights
As the laws are written and in practice, the gun owner’s Second Amendment rights are stripped from them without proof. The legal principle of being innocent until proven guilty is thrown right out the window. In its place, the gun owner has to prove to the court that they deserve their constitutionally guaranteed right to keep and bear arms.
Thus far, there hasn’t been a test case that I’ve heard of in regard to red flag laws. Nevertheless, there have been other cases in which authorities have confiscated guns from people on court order or even because of police action. In every case I know of, the gun owner has spent more money on the legal battle than what the guns were worth. They’ve had to go through all of this trouble as they simply fight to get their guns back.
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