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.