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VA's new red flag (ERSO) law took effect July 1. It was just used against a guy who stabbed two people on July 15, without provocation, at a church function in Fairfax County. Neither of the people stabbed were seriously injured. The Fairfax County Chief of Police was at the church function and helped subdue the guy. The county decided to take out a red flag order against him.

Now the guy probably is nuts and should not have guns. But he probably should be in a mental facility. Instead, he was criminally charged and could be released on bail. Yes, he no longer has any guns, but he used a knife in his crime and they did not take all his knives, or his ability to get more knives, and now he may be even more agitated.

Is the public safer now? Is the government really resolving this situation, or making it worse?

 

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Further proof “Red Flag” laws are about un-Constitutional gun confiscation not public safety.
 

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Sorry. I don't like the law, but in this case, I don't see a down side.

The guy should end up with a felony assault charge on his record. Felons are prohibited from owning firearms. So the Red Flag law will likely prove to be uselessly redundant in this case. Still, if the charge doesn't hold up, there may be some benefit in Red Flagging him. I would prefer this person be limited to knives and not AR's.

Since mental health records aren't always included during a NCIS check....maybe the Red Flag option does make us safer in this case.

Regardless, I see no civil rights violations in this case.
 

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VA's new red flag (ERSO) law took effect July 1. It was just used against a guy who stabbed two people on July 15, without provocation, at a church function in Fairfax County. Neither of the people stabbed were seriously injured. The Fairfax County Chief of Police was at the church function and helped subdue the guy. The county decided to take out a red flag order against him.

Now the guy probably is nuts and should not have guns. But he probably should be in a mental facility. Instead, he was criminally charged and could be released on bail. Yes, he no longer has any guns, but he used a knife in his crime and they did not take all his knives, or his ability to get more knives, and now he may be even more agitated.

Is the public safer now? Is the government really resolving this situation, or making it worse?


Let me start by stating, I do not like any Red Flag laws. In this case he should be in jail and held without bond....as the article states is the case right now. I'm not sure if you are familiar with the mental health ECO / TDO process in VA but they can still go that route from the jail.

Other than the the issuance of the Extreme Rick Order to take the guys guns, I think he is where he needs to be and the actions were correct. I wonder if they actually seized any firearms?
 

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Let me start by stating, I do not like any Red Flag laws. In this case he should be in jail and held without bond....as the article states is the case right now. I'm not sure if you are familiar with the mental health ECO / TDO process in VA but they can still go that route from the jail.

Other than the the issuance of the Extreme Rick Order to take the guys guns, I think he is where he needs to be and the actions were correct. I wonder if they actually seized any firearms?
As I read the article I found no indication that this guy even had any firearms. Makes me wonder if this was an excuse to go on a fishing trip.
 

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As I read the article I found no indication that this guy even had any firearms. Makes me wonder if this was an excuse to go on a fishing trip.
The article in the OP says they were seized in the opening paragraph.
 

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This type of case makes red flag laws not sound so bad. A criminal has had his guns taken away. But they will gradually use it for more benign cases. Like when Cousin Susie or Cousin Jim doesn't like the fact that you own guns. Or someone is going through a contentious divorce and their spouse uses it even though there's been no threat.
 

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In the interest of full disclosure I do consulting work for a psychiatric hospital as a part time job. Red Flag for this kind of stuff is basically so the judge doesn't have to put an involuntary hold on someone(lots of paperwork). If he did that then he could be evaluated and if he did have psyche problems on OPC (order of protective custody) could then be filed all the while the criminal case could proceed. There is already a process in place to evaluate people that has better constitutional protections built in.....they just don't want to use it because everyone who is involved in the care has to document their reasons and have good reasons. Just my .02
 

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I don't understand why they would use the Red Flag Law for this, wouldn't attempted murder , or at least felonious assault, be enough to arrest him and keep him in jail? It seems pointless to take his guns if he used a knife.
If they don't release him on bond, they have nothing to worry about because he won't have access to any weapons...guns, knives or whatever.

Sounds like the cops got a new toy (red flag) and wanted to try it out.
 

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I don't understand why they would use the Red Flag Law for this, wouldn't attempted murder , or at least felonious assault, be enough to arrest him and keep him in jail? It seems pointless to take his guns if he used a knife.
If they don't release him on bond, they have nothing to worry about because he won't have access to any weapons...guns, knives or whatever.

Sounds like the cops got a new toy (red flag) and wanted to try it out.
They did it because they could. What other reason would they need?
 
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