Posted on 12/26/2018 2:36:47 PM PST by Mafe
In an interesting turn of events, even the liberal ACLU says that these “red flag laws” are unconstitutional, because they violate the due process rights of those accused.
Are you on the wrong site?
Not in the slightest way.
"Clear and convincing evidence" is whatever the Judge says it is. And Law Enforcement Officers can say anything they want to say.
These laws are designed for ever-widening interpretation that will justify firearms confiscation from anybody that the Government finds inconvenient.
I was thinking the same thing.
“...the cries for gun control growing stronger...”
As Rush would say, BS Barbra Streisand.
There are no such cries. The author of this screed is on meth.
They’ll have to come after privately owned lathes and mills as well.
Bipartisan support among socialists and communists. Enemies domestic ALERT!
Look at blue states’ (for now) Red Flag laws. They are pretty liberal as to who can make a denunciation of a gun owner’s supposed mental state and it does not have to be family or someone under the same roof.
The worst part about Red Flag is that false official statements are no longer treated as felony perjury. The penalty for doing so now is a simple misdemeanor. In other words, snitches are encouraged to turn in their neighbors. Snitches like your liberal neighbor or disgruntled ex who can under the new law reach out and seriously hurt someone.
“He voted for Trump so he must be crazy and dangerous”.
As noted, “clear and convincing evidence” is whatever an Obama judge says it is.
Confining knowledge of your guns to as few as possible used to be a matter of physical security. Now it may help prevent your being labeled an enemy of the people.
This is the gungrabbers’ Holy Grail: to make gun ownership socially undesirable just as Eric Holder intends, and to make gun owners suspect in the eyes of those around them.
Nope. The author is entirely correct !
Already accepted in probably every stat is the ‘protective order’
Under the Brady law, a clause allows your guns to be taken if some files for a protective order.
Technically, even if the State reminds the order you cannot get your rights restored under Federal law because there are not legal paths to do so. Although currently most Statea ignore that provision on a rescinded order.
A friend got divorced. The ex filed for a protective order. The Sheriff came the next day and picked up his guns.
It took him months to regain his firearms.
The camels nose is already well, well under the tent.
Shall not be infringed...
The Louisiana Supreme Court even provides handy standard forms...
And keeps a database.
https://www.lasc.org/court_managed_prog/LPOR/filing_steps.asp#s1
They are given out like candy.
“NOTICE TO DEFENDANT - VIOLATION OF ORDER:
PURSUANT TO LA. R.S. 14:79, A PERSON WHO VIOLATES THIS ORDER MAY BE ARRESTED, JAILED, AND PROSECUTED.
PURSUANT TO LA. R.S. 46:2137 AND LA. CH. C. ARTICLE 1571, A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS 6 MONTHS, OR BOTH, AND MAY BE FURTHER PUNISHED UNDER CRIMINAL LAWS OF THE STATE OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS AND COURTS OF THE STATE OF LOUISIANA.
Page 5 of 6 LPOR 1 v.10
Docket No. _______________________
NOTICE TO DEFENDANT – FIREARMS (Domestic abuse or dating violence ONLY):
AS A RESULT OF THIS ORDER, IT MAY BE UNLAWFUL FOR YOU TO POSSESS, RECEIVE, SHIP, TRANSPORT OR PURCHASE A FIREARM, INCLUDING A RIFLE, PISTOL, OR REVOLVER, OR AMMUNITION, FOR THE DURATION OF THIS ORDER PURSUANT TO STATE AND/OR FEDERAL LAWS. See below.
And
If you have any questions whether these laws make it illegal for you to possess or purchase a firearm or ammunition, consult an attorney.
Federal law: 18 U.S.C. 922 (g)(8) prohibits a defendant from purchasing, possessing, shipping, transporting, or receiving firearms or ammunition* for the duration of this order if the following conditions apply:
- Protected person(s) relationship to defendant is checked in Box A on page 2 of this order
AND
- Notice and opportunity for a hearing provided AND
- EITHER Judicial finding of credible threat, OR
Certain behaviors are prohibited (item 1 on page 3 of this order is initialed)
*Under 18 U.S.C. 921 the term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. The term “ammunition” means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.
“
I sure hope that Trump gets to replace Ginsberg, it will be so nice when the Supreme Court shafts the Democrats.
That’s not only gun control, it’s Cajun control.
Hey mon, you go into the bayou to serve dat order, you just might not be comin’ out again.
garbage article from a garbage website ... FR is becoming a garbage pit of garbage ...
When these laws get put into effect start using them against the leftists every TV talking head newspaper editor city council member etc gets the treatment! Include the state legislators S well!
Gun control exists. I have absolute control of my guns.
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