some thoughts on the red flag law

So let me see if I got this right. I go and go thru the whole process that can take up to a year to get a rifle. I have spent in the order of 2500$ to go thru all this and acquire the weapon. My neighbor(who happens to be anti gun) sees me bring it home. This neighbor then goes to the magistrate and tells them that she is afraid of what I will do with the gun. That she is afraid of me. That I have threatened her in the past(in the course of just not getting along with your neighbor). Now with the red flag law, this magistrate issues a warrant to seize my gun and take any means needed to do so. All this without me knowing anything or even being able to defend myself or confront my accuser. Do I have this right so far????

This to me would break a few of our constitutional rights. First off are we not guaranteed the right that we are innocent until proven guilty? (the seizure of the gun would make it that I am already guilty with out a trial).

Ok so the 4th is taken care of, I will give you that, there was an oath that I was a danger by my neighbor and a warrant issued.

now as to the 5th amendment, has the grand jury been involved? Is the grand jury needed? after all you are charging me with an offense bad enough to take my gun.  Has there been the common due process that is required to deny me my property and my rights? NOPE!

now to the 6th. Prior to their taking, have I been informed of the charges and been able to face my accuser or defend myself from the charges? I don’t think so. I have not been given the ability to present witnesses or have legal representation.

The way this law SHOULD HAVE been written is:

Upon oath from an accuser the magistrate will issue a warrant for detention to have the person taken into custody and brought without delay to the magistrate for a hearing. This hearing will determine if the person is a danger to himself or others.  This is a just cause hearing. If upon determination of the magistrate a true finding of a danger to himself or others is found, only then will a warrant be issued to seize the property in question. and a further hearing will be scheduled giving enough time for all to gather evidence for the case.  If it is determined that the person is a danger then that person will be referred to professional help. If in the opinion of that professional the person is no longer a danger, upon application to the court , all rights and property will be returned.

2 thoughts on “some thoughts on the red flag law”

  1. a contribution from bill from fb –
    Thanks to our OHIO friends for this hard hitting piece of “what if”
    Follow me along for story time in the New America:
    It’s a Sunday night and your family has all gone to bed. You let the dog back in and lock the deadbolt like you do every night. All the lights are off now except a couple of night lights scattered throughout the house leaving that dim glow throughout your home. It’s bedtime and work and school are going to come early in the morning. You crawl in bed, kiss your wife and drift off to sleep being thankful for the air conditioning that allows you to pull that heavy quilt up over your shoulder despite the fact it’s still 85 degrees outside. A few hours pass…
    0200 Monday morning and your wife taps your leg and says, “baby I heard something outside”. As you sit up in bed you hear the dog growling in the living room and you know something isn’t right. You grab that trusty ole 870 and head into the living room. Your wife grabs her 380 and heads down the hall to the kids rooms just like you have rehearsed. “Good girl” you say as you enter the living room, trying to calm both the dog and your wife just as splinters fly across the room and the front door flys open. “Oh shit!” As you shoulder your weapon and send a load of 00 Buck across your living room and see the perpetrator fall in a heap. Before the “thank God” can even run across your brain, you see a second man coming in the door and you fire again. This time you hear the pop of your wife’s 380 as she has joined in the fight. It has to be those damn meth heads from down the street! Just then you are consumed by a wall of bullets as you see multiple muzzle flashes from just outside the door and you realize something isn’t right. You turn to yell at your wife to “get down” just in time to see her take a load of buckshot to the face and her brain matter splatter the wall behind her. You feel the burning as 5.56 bullets Riddle your body. One clips your spine as you’re scrambling away and paralyzes your lower body. The last thing you see before you bleed out is a SWAT guy from your local PD holding your teenage daughter on the floor with a knee in her back as she screams and cry’s because she just watched her parents being murdered.
    Why did this happen? You’re no criminal. You’re a Veteran and an honest blue collar family man. Your wife is a school teacher and your daughter is on honor roll. Why did this happen?
    Well two days ago, you and your wife went down to welcome the new neighbors to the community. Your wife made them one of her “world famous” pies and you invited them to church on Sunday. Later that afternoon, you got a friend request on Facebook from your new neighbor, which you gladly accepted. They seemed a little odd, but in the few minutes you talked they were pleasant enough. The next day while you and your family sat in church, your new neighbor scrolled through your Facebook profile. He saw that “Trump 2020” post and got infuriated. See, he’s a staunch liberal and he hates your kind. The next thing he sees are the hunting pictures you took last fall when your daughter bagged her first buck. Now he’s seething with fury because he is wholeheartedly against the “slaughter of innocent animals”. Next he sees your post from the last range day with your buddy and sees those scary black assault weapons on the table and that does it! He has to do something about the racist domestic terrorist living next door. He picks up the phone, calls the local Sheriffs Office and reports you as a threat under the new Red Flag law. The SO follows their SOP’s and conducts a no knock warrant because you have now been denied due process and you are considered guilty until proven innocent.
    Now you, your lovely wife and two deputies have been killed for nothing. Your daughter will have absolute hell for the rest of her life. She will never be that successful person you dreamed for her to be because of the mental illnesses caused from seeing her parents murdered. The local news paper will report that you were killed after firing on and killing two deputies and that “over a thousand rounds of ammo and 22 guns were confiscated from your residence”.
    Oh, those two deputies were just following orders. They left behind families as well and had served their community for over a decade. They didn’t know you were a stand-up guy with a great family. They weren’t allowed time to investigate things under due process. They were told you had threatened your neighbor and were out in the street waving an AR15 around.
    This is the reality of Red Flag gun laws. Innocent people will lose their lives and in fact, already have.
    Wake up, America!

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