This is a discussion on Red Flag - Nabs wrong person w/ same name within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; And sadly it won't stop 1 darn tragedy . You have to love it when they talk of dealing with the justice system as if ...
And sadly it won't stop 1 darn tragedy.
You have to love it when they talk of dealing with the justice system as if it's just going to the local 5 and dime?
Yet those same people who scream for the RFL also scream how horrible the justice system is.
I have emailed my reps (both state and federal) and have only received two in return. One from district 5 Lance
Gooden and Cornyn. Both say they will not vote for rfl’s without due process. Time will tell......
In most cases a "significant other" (wife, girlfriend, former sweetie, etc), family member, neighbor, co-worker, clergyman, landlord, or just about anyone else who claims to be sufficiently acquainted with the respondent to render an opinion may petition for the order to strip the respondent of firearms. Such petition may be made in open court, or via sworn affidavit, or via tele-conference, etc. Depending on the legislation in question there may or may not be legal consequences for false or misleading statements.
The general similarities are:
1. There is no notice to the respondent, and no opportunity to question the accuser or offer any evidence prior to the order being issued.
2. As soon as the order is issued law enforcement officers may forcibly enter the respondent's property and home and seize any and all firearms, ammunition, and other related items.
3. The respondent has a limited amount of time in which to contest the action and bring further proceedings to overturn the action, all of which must be done at respondent's time and expense.
4. There is no automatic compensation or reimbursement for the respondent in any case. Pursuit of claims against the complainant is a separate legal action, and the court and law enforcement are shielded from liability.
Essentially, an ex-parte emergency court order issued solely upon the complaint and/or testimony of anyone claiming sufficient knowledge (no requirement for professional credentials or certification), done at any hour of the day or night, immediately enforceable, with no right to due process prior to enforcement, and only very limited rights to due process after the fact (at individual expense, with no guarantee of compensation or reimbursement).
What could go wrong? Ask any cop who has ever dealt with a vindictive girlfriend or ex-wife or neighbor with an axe to grind. Ask anyone who has ever sued someone, won the case in court and received a judgement, then twiddled their thumbs for years without being able to collect a dime in damages.
So-called Red Flag laws turn the concept of due process of law upside down; guilty until proven innocent, and only if you are willing to jump through all the legal hoops for a year or two in order to clear your name and recover your property.
And I have to say that it seems the ultimate goal of such a law is to take the fertilizer away from a Timothy McVeigh, but leave all the other dangerous materials AND let him roam freely to carry out whatever he has in mind. IMHO anyway.
"The difference between genius and stupidity is that genius has limits."
This is related to this topic and shows another red flag "tool" to be used against gun owners:
Maybe we should all abandon social media altogether??
Member NRA, SAF, GOA, NFOA, USCCA
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When he met his first problem with Clerk of the Courts, he should have hired a lawyer and called all the local tv stations.
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A YouTube clip on the thread subject.
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