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To: RandFan
All depends on the red flag law. It would have to be a fully-adversarial process with notice, judicial determination, appealable, and of limited duration.

Otherwise, it's pretty easy to construct a scenario with a ridiculous result that enables aurder spree that everyone could have predicted.

17 posted on 06/03/2022 1:07:12 PM PDT by Bruce Campbells Chin
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To: Bruce Campbells Chin

“It would have to be a fully-adversarial process with notice, judicial determination, appealable, and of limited duration.”

You quickly get to a situation where someone has to spend $1,000 to get a $800 gun back.


21 posted on 06/03/2022 1:21:28 PM PDT by nomorelurker
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To: Bruce Campbells Chin
a fully-adversarial process with notice, judicial determination, appealable, and of limited duration.

Existing red flag laws only meet one of your criteria - appealable.

While they may allow situations for notice to be given, there are emergency considerations where the only notice is a knock on your door.

All the laws also allow the police to make the claim of a subject's danger. That means if someone makes a call to them, even if that individual doesn't want to file a claim themselves, the police can take over.

For domestic cases, this typically occurs at night (drinking time) and guess what - the judge is at home.

The decision to allow a red flag seizure is usually made by a magistrate - the guy the works in lieu of a judge after hours. They rubber stamp anything a cop brings them.

Finally, since you have to prove yourself sane to even attempt to get your gun back (and good luck w/that), the duration is indeterminate and possibly for life.

30 posted on 06/03/2022 2:15:11 PM PDT by fruser1
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