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Rep. Thomas Massie: Red Flag Laws and Unintended Consequences
RealClearPolitics ^ | May 27, 2022 | By Nikki Goeser & Thomas Massie

Posted on 05/27/2022 7:45:25 AM PDT by RandFan

The senseless murder of 19 children and two teachers at the Robb Elementary School in Uvalde, Texas is leading to calls for more gun control. To some, “red flag” laws, also known as Extreme Risk Protection Orders, seem like the obvious solution. These laws allow judges to seize a person’s guns without a trial, based solely on a written complaint that the person might be a danger to themselves or others. All a judge needs is “reasonable suspicion.”

“We know that we can show we can be united to protect our children,” said Sen. Joe Manchin, a famously moderate West Virginia Democrat.

We also care about children, but much better laws are already in place. We are concerned that red flag laws will cause more harm than good.

Democratic politicians’ support for red flag is almost universal, but the Washington Times reports that some Republican senators are now warming up to such legislation. “For people who threatened harm to themselves or somebody else, you could only go through law enforcement, and you had to go through the courts, and it wasn’t permanent,” explained Republican Sen. Rick Scott, who signed a red flag bill while governor of Florida.

It has always been possible to take a dangerous person’s guns away..

(Excerpt) Read more at realclearpolitics.com ...


TOPICS: Miscellaneous; News/Current Events
KEYWORDS: banglist; massie
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1 posted on 05/27/2022 7:45:25 AM PDT by RandFan
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Comment #2 Removed by Moderator

To: RandFan

“unintended” consequences. Unintended?

Maybe 5 to 10 years ago, this would have sounded kooky, but after the abuse of power we’ve seen in the last 5 years, and the two-tier justice system, who actually thinks they don’t INTEND to use red flag as a political weapon? Let alone that even if they didn’t think of it in advance, that they wouldn’t take advantage.


3 posted on 05/27/2022 7:47:58 AM PDT by z3n (Kakistocracy)
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To: RandFan

We have thousands of patriots that have been purged from the armed forces for postings on social media and refusal to clot shot,,,

,, that were infantry, have actually been under fire and been shot at,,

,, these men are worth their weight in gold,,,

,,, and would be great school guards.

Enough for every school in the nation I bet.

Just sayin.


4 posted on 05/27/2022 7:48:47 AM PDT by cuz1961 (USCGR Veteran )
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To: RandFan

Another aspect is that such laws would discourage gun owners from seeking therapy. If a woman has a gun because her rapist lives across town, she might skip getting help for depression knowing it could cause her to be disarmed and left vulnerable.


5 posted on 05/27/2022 7:49:59 AM PDT by Dilbert56
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To: RandFan

I believe the NAZIs used these “red-flag” type laws to disarm the Jews because they believed Jews “ ...might be a danger...”


6 posted on 05/27/2022 7:50:38 AM PDT by wny
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To: RandFan
Dear Capitol Police:

Dan Crenshaw is an Iraq war vet with PTSD, owns guns and is ranting about Ukraine and demanding US citizens be deprived of their rights. I fear he is mentally unstable and shouldn't have guns. Please check on him. Thank you.

7 posted on 05/27/2022 7:52:20 AM PDT by nonliberal (Z.)
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To: RandFan

"Happy as a Commucrat after a School Shooting!"


8 posted on 05/27/2022 7:52:31 AM PDT by Perseverando (Antifa, BLM, RINOs, Islamonazis, Marxists, Commucrats, DemoKKKrats: It's a Godlessness disorder!)
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To: z3n

good point!
Once bitten twice shy. The trust is gone.


9 posted on 05/27/2022 7:57:22 AM PDT by griswold3 (When chaos serves the State, the State will encourage chaos.)
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To: RandFan

Red flag laws will be used to harass gun owners. The premise seems to be that if you are a gun owner you are not entitled to due process. There are just too many low quality judges to believe constitutional rights will be protected.


10 posted on 05/27/2022 8:00:56 AM PDT by Spok (Winston, how many fingers am I holding up?)
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To: RandFan

I could almost kind of sort of see support for Red Flag laws if there was actual due process and the same “right to assigned counsel and free experts” granted to criminal defendants but without those protections, no way. Won’t even consider supporting these laws.


11 posted on 05/27/2022 8:02:45 AM PDT by Behind Liberal Lines (Their side circles the wagons. Our side revs up the bus)
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To: RandFan
There's absolutely *no* need for "red flag" laws. Every state in the nation has had laws on the books...for centuries...allowing for the involuntary commitment of the mentally ill to a psychiatric facility. Having worked in a big city ER for years I know how these laws work.I saw it done many,many,*many* times.

If a person is too unstable to have a firearm he/she is too unstable to be "free" in society. So if your family member,friend,neighbor,etc,etc is acting weird call 911 and a cop will take him/her to a hospital and the medical staff will take it from there.

"Red flag" laws are just another attack on the 2nd Amendment.

12 posted on 05/27/2022 8:07:47 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: Behind Liberal Lines

See Post #12


13 posted on 05/27/2022 8:08:50 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: Spok

See Post #12


14 posted on 05/27/2022 8:09:56 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: Gay State Conservative; All

Questions:

Someone on this site cited “The Baker Act”.
A legal “act” giving the authorities the right to detain someone for “mental instability” reasons for up to 72 hours.

Q1: Is this a proper explanation of it?

Q2: Is it a federal or state legislation?

Now police are reluctant to use it because the “mental health bill” for treatment & detention is paid for by the law enforcement department. If so this clearly creates a disincentive to intervene.

Q3: Is the above indeed the case?


15 posted on 05/27/2022 8:14:56 AM PDT by Reily
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To: z3n

Many in Georgia think Brian Kemp the Republican Governor is their friend because he signed “Constitutional Carry”.

But Kemp also signed Comprehensive Mental Health legislation that was broadly supported by himself, Stacey Abrams, Democrats and RINO’s with only a handful of Conservative Republicans raising real objections.

That’s the backdoor to take people’s guns away from them and deny them their Second Amendment rights.


16 posted on 05/27/2022 8:20:21 AM PDT by Nextrush (FREEDOM IS EVERBODY'S BUSINESS-REMEMBER PASTOR NIEMOLLER)
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To: RandFan
All a judge needs

You don't even have to jump that high of a bar in reality.

In practice, the complaints are brought to night shift magistrates by the police, who then rubber stamp it because they don't know any better.

17 posted on 05/27/2022 8:34:56 AM PDT by fruser1
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To: Reily
I don't know if there are any Federal laws on this topic.But here's how it worked in my state: a person would present to the ER...often having been brought there by the cops or EMTs.The chief complaint was "acting strangely" (or something like that).In extreme cases the patient was put into four point restraints and was evaulated by a physician who,typically, would decide to order a psych consult.

The psychiatrist would evaluate the patient and,depending on his/her findings,would "pink paper" the patient to the major state hospital that was literally across the street from us.

Under state law that person could 1) be taken to that psych facility against his/her will and 2) could be kept at that psych facility,against his/her will,for "x* number of hours/days (can't recall the exact figure). Once that time limit had been reached the patient was either discharged or some kind of petition was filed with a court (the probate court IIRC) to have the patient's stay extended.

I'm vague on the details regarding what happened to the patients once they were "pink papered" across the street but I do know that at some point the patient is assigned a lawyer to "represent" him/her.

And just FYI...we called it "pink papered" because the state form which the psychiatrist was required to fill out allowing for this involuntary commitment was pink.

18 posted on 05/27/2022 8:35:06 AM PDT by Gay State Conservative (Covid Is All About Mail In Ballots)
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To: RandFan

Liberals, take a stand and put up this sign.

19 posted on 05/27/2022 8:36:05 AM PDT by BookmanTheJanitor
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To: RandFan

Massie for president.


20 posted on 05/27/2022 8:38:47 AM PDT by Codeflier (I am just going to assume you are a Democrat if you call me a Putin supporter and ignore you.)
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