As bad as red flag laws are, they don’t work that way. They typically require filing an affidavit under oath and judicial approval before the order is granted.
You can’t just make a call and have someone’s firearms seized.
You can’t just make a call and have someone’s firearms seized.>>>>>>>>>>>>>>>>
Oh yes you can. The due process comes when the firearms holder has to apply to get the arms back.
This is the way it worlks in Canada. Upon any information reported to the RCMP that a gun owner has become violent or suicidal, the RCMP will enter without a warrant and seize the firearms.
The complainant remains anaonymous and the fire arms owner has to apply to get them back. Very expensive and time consuming.
Many of the red flag laws now being proposed in various blue states are exactly like Canada’s.
Many Canadians have two firearms storages...one front one available for seizure, and another in a safe , remoter location which cannot be red flag discovered.
The red-flag requestor should be public information, too. They should not be able to report someone for a red flag and go un-identified. That would certainly cut down on false red flags.
Actually in practice you pretty much CAN!
As a gun dealer I met several victims of this.
Ex makes a call to the cops, cops then “Exercise due caution” to immediately confiscate all firearms*.
The firearm owner then gets to TRY to object in court at great expense, while laboring under the presumption of guilt.
Judges tend to ignore or not even allow introduction of exculpatory evidence, on par with “The Reign of Terror” as practiced during the French revolution.
*Refusal to open your safe to allow the confiscation will get you charged with things like “Failure to heed a police officer”, “Assault on a police officer”, “Trespass” (In your own home!), etc.
I beg your pardon.
My now ex-wife sought a restraining order against me. She showed up at the court house, a “legal aid” type helped her fill it out. The initial order was granted, the state yanked my carry permit and that’s how I found out that something was amiss—a text from the state about my carry permit. I was not told about the hearing until it was done and I found out at the county sheriff’s office. They accompanied me to my home where I had 10 minutes to gather my things and leave—and they took every last gun and round of ammo that I had. I had to stay 10 nights at a hotel because she pulled this stunt the last week of the year. I was in the court house bright and early on January 4th. She flat out lied on the form, which I brought proof of. The judge quashed the emergency order, denied the plenary order, told her if he saw this again SHE would be in jail and dismissed everything. It seems she wanted to move her boyfriend into my house and keep me from having anything to say about it.
It took me three months and a $10 grand attorney to get my guns back, getting my carry permit back took 10 months. She lost the divorce—badly—but no action was taken against her for this stunt. You want to tell me again you cant make a call and get someone’s guns removed? That’s exactly what she did. Thanks to the “red flag” laws.