Posted on 04/08/2023 8:05:20 PM PDT by SeekAndFind
The hideous laws designed to violate almost all parts of the Bill of Rights are finally being struck down as unconstitutional.
The Supreme Court of the State of New York, the state's second highest court, recently ruled the state's so-called "red flag" law unconstitutional. These unconstitutional gun confiscation schemes go by different designations, but they are colloquially known as red flag laws. The gun-grabbing ghouls of the far left are creative in describing their operation.
Anyone supportive of individual liberty and our commonsense civil rights has been horrified at how these authoritarian abominations violate almost all aspects of the Bill of Rights. Even worse, they signal a new era in gun control and selective enforcement of the law.
Anti-liberty authoritarians started with a direct violation of everyone's commonsense civil right of self-defense by crafting gun confiscation laws without due process. But don't ever expect them to utter the C-word; they've worn out their dictionaries and thesauruses, looking for soft-sounding alternatives to the word "confiscation," even though that is exactly what is taking place. This was coupled with the evisceration of the people's right to due process, so right off the bat, they violated the 2nd and 5th Amendments without breaking a sweat.
Then just to sweeten the deal, they've executed these unconstitutional atrocities with ex parte ("from one party") proceedings, as the Legal Information Institute of Cornell Law School states:
Typically, a court will be hesitant to make an ex parte motion. This is because the Fifth Amendment and the Fourteenth Amendment guarantee a right to due process, and ex parte motions — due to their exclusion of one party — risk violating the excluded party's right to due process.
(Excerpt) Read more at americanthinker.com ...
Never being satisfied with just destroying a couple of commonsense civil rights, these laws were cobbled together with assaults on 4th Amendment rights against illegal search and seizure with that 4:30 A.M. raid. So this is "cruel and unusual punishment" (8th Amendment) against completely innocent people. Then, of course, the ex parte aspect of these laws violates the 6th Amendment "right to confront witnesses."
Then there is the lovely prospect of the process being the punishment, even if you don't own any guns. That situation would probably be far worse, since the authorities will feel obligated to tear your house apart to find what doesn't exist. Good luck getting them to pay for all the damage and putting it back together. And since one of these unconstitutional punishments can be set upon you for something you said, we'll add the 1st Amendment as well.
So there you have it: one set of laws that essentially violate most of the Bill of Rights, used against people who haven't violated the law. But that's not even the worst aspect of all of this. Unconstitutional red flag gun confiscation orders along with unconstitutional enhanced background checks and safe storage requirements signal a new era in gun control. With these new types of restrictions on freedom, selective enforcement can be the standard, with just one side being deprived of its commonsense civil rights.
Glad they agreed with me. It is exactly what I said from the beginning. No due process can be had when the subject is excluded from the processes.
Along with the constitutional problems with red flag laws, they do nothing to deal with the real problem; the person who is having the crisis that has their firearms seized gets no mental help.
“...the state’s second highest court”
What state court is higher?
So, to the NY Court of Appeals?
Had FNC in the background one night. Trey Gowdy on the air and had two guests espousing the virtue of red flag laws. No opposition from the host. After all, ‘it’s for the children’.
And Texas Republicans just voted against school choice.
Not even going to read past the first few lines. In NY, supreme court is just a county court. This is a county judge decision, not the big “bombshell” it appears on the surface.
But, it advances the issue closer to SCOTUS, does it not?
man..he can be so annoying...says the dumbest stuff at times
The Court of Appeals is New York State’s highest court and court of last resort in most cases. The Court, which sits in Albany, is composed of a chief judge and six associate judges, each appointed by the governor, with the advice and consent of the senate, to a 14-year term of office.
If the blue states would look into their vile souls they would admit that the gun confiscation laws, including red flag laws, exist to keep weapons away from Black people they are deathly afraid of.
Hahahah. As if marxist states care what a court rules.
The article is wrong. The Supreme Court of the State of New is the trial level court and the ruling applies only in the county where it was issued,
Thank you for being out there for us!!
I know, I know. We super geniuses tend to get ignored.
lol... story of my life!
It’s why we have FR, to just talk to each other. They don’t know what they’re missing.
A pox and a curse on every cop who gleefully enforces these unconstitutional assaults on liberty.
“Following orders” is not an excuse!
This decision will be reversed by the NY Court of Appeals, and it won't be close.
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