The Purpose of Red Flag Laws
BY Herschel Smith
2 years, 6 months ago
Thomas Massie writing at Red State on Red Flag Laws and Unintended Consequences.
But red flag laws remove all these due process protections. Based only on a written complaint, which could come from a relative, friend, neighbor, or police officer, a judge decides whether to take away a person’s guns. There is no ability to challenge claims or to offer testimony from a mental health care expert. Gun control advocates argue that the person should not even know that the judge may be deciding to take his or her guns. When a hearing finally takes place up to a month later, if the person in question cannot afford an attorney, they will not be provided with one.
When faced with the costs for a hearing, which may be up to $10,000, few people find that fighting red flag laws to keep their guns makes sense. Few defendants obtain legal representation, but the courts still overturn a third of the initial orders. The actual error rate is undoubtedly much higher, because many of those wrongly prosecuted don’t have a lawyer.
Oh, I don’t think these are “unintended consequences” at all. I think it’s all by design.
On May 29, 2022 at 9:33 pm, Chas said:
I imagine the fights will not be conducted with lawyers, but those Guns they so desire to take. Once a person is targeted there is no reason to not go after the judges, politicians, cops and antigun organizations.
On May 29, 2022 at 10:08 pm, Michael Gilson said:
Right Scoop has a more concise take.
https://therightscoop.com/heres-how-red-flag-laws-would-actually-work/
Michael Gilson
On May 30, 2022 at 9:31 am, Bill Buppert said:
You will note that Red Flag Laws are a pre-crime otherwise actionable probable cause would result in arrests.
On May 30, 2022 at 10:40 am, Fred said:
As has been said, they don’t have to take 500 million guns. They only need to take one gun, 500 million times. Are you willing to stop them the one time?
On May 30, 2022 at 11:13 am, Bradley A Graham said:
Guilty until proven innocent. The majority of governments want to burn you at the stake and the majority of your so-called fellow countrymen will gladly help gather the firewood.
The conflict is no longer a theoretical possibility, it is here. Sell them will you still can or stand ready to use them.
There is no try.
WRSA