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General Category => National/Breaking News => Second Amendment => Topic started by: Elderberry on January 13, 2020, 01:02:48 pm

Title: A “Red-Flag Law” Horror Story
Post by: Elderberry on January 13, 2020, 01:02:48 pm
NRA Explore  by Charles C.W. Cooke - Sunday, January 12, 2020

Those within the gun-control movement who like to blithely ask, “What’s the worst that could happen?” should look no further than what happened to Stephen Nichols.

In September, Nichols, an 84-year-old Korean War veteran and retired police officer, was summarily fired from his job as a school crossing guard in Tisbury, Mass. Worse still, Nichols’ guns and firearms license (which he had held since 1958) were seized from him under Massachusetts’ broad “red-flag” law.

Nichols’ crime? He was overheard worrying in a diner that the local school’s resource officer was routinely abandoning his post to go buy coffee, and that this might lead someone to take advantage and “shoot up the school.”

Critics of “red-flag” laws have long argued that to introduce subjective criteria into the regulation of the Second Amendment is to guarantee abuse. And so it has come to pass. That a much-beloved, 84-year-old veteran would be stripped of his job and deprived of his Second Amendment rights simply because a server at a diner misheard his conversation and rushed stupidly to judgement is appalling in and of itself. But that the whole process was conducted without anything even resembling due process is frightening.

More: https://www.americas1stfreedom.org/articles/2020/1/12/a-red-flag-law-horror-story/ (https://www.americas1stfreedom.org/articles/2020/1/12/a-red-flag-law-horror-story/)

(https://deltik5huwp4f.cloudfront.net/media/3116807/redhot.jpg?preset=list720)
Title: Re: A “Red-Flag Law” Horror Story
Post by: verga on January 13, 2020, 02:08:34 pm
This is only the beginning.
Title: Re: A “Red-Flag Law” Horror Story
Post by: Victoria33 on January 13, 2020, 02:56:07 pm
When "they" take our guns, only bad guys will still have theirs.
Back when Australia took citizens' guns, there were many house burglars who went into homes since they knew no one there had a weapon.

Story:
Some years ago, I went to a "large gun selling store", and bought some weapons.  The guy went to the back to call the government "record" of me.  When he came back he said, "I can't believe it!  There is nothing on your record!"   He was so shocked, I wondered to whom he was selling weapons.  If I was an exception, how could he sell weapons to someone who had a government record?
Title: Re: A “Red-Flag Law” Horror Story
Post by: The_Reader_David on January 13, 2020, 06:02:21 pm
This, of course, is the result of having an improperly drawn red-flag law, not the result of having a red-flag law per se.

Only people with close long-term knowledge of the respondent (family members, teachers, co-workers) should be able to bring complaints, and either evidence or multiple complainants testifying to the same behavior, writings or utterances that suggest the person is a danger to self or others must be presented to a judge with the respondent able to present countervailing evidence and testimony in an adversarial hearing.  If the red-flag law doesn't have those features, it fails to provide due process.  Massachusetts's red-flag law doesn't provide for due process, and thus is not an counter-argument to properly drawn red-flag laws which do.
Title: Re: A “Red-Flag Law” Horror Story
Post by: mountaineer on January 14, 2020, 02:48:06 pm
For First Time, A Colorado Judge Denies Confiscation Request Under Red Flag Law
By Rick Sallinger
January 12, 2020 at 11:54 pm
Quote
(CBS4) – For the first time, a judge has denied a request to take away a man’s guns under Colorado’s new red flag law. A Limon woman claimed a man who she had a relationship with threatened her with a gun and filed the request.  ...

CBS4 obtained the request for a temporary extreme risk protection order filed in Limon. A woman wrote she was getting “verbal and physical threats” with a handgun from the man identified in the order.

She said he had a problem with alcohol and marijuana. The judge denied the request to take his guns.  ...
Full story (https://denver.cbslocal.com/2020/01/12/colorado-judge-red-flag-confiscation-request/)
Title: Re: A “Red-Flag Law” Horror Story
Post by: Wingnut on January 14, 2020, 02:56:10 pm
For First Time, A Colorado Judge Denies Confiscation Request Under Red Flag Law
By Rick Sallinger
January 12, 2020 at 11:54 pmFull story (https://denver.cbslocal.com/2020/01/12/colorado-judge-red-flag-confiscation-request/)

Quote
The judge’s order explaining the denial of the woman’s red flag request was not made public at the time of CBS4’s request.

That is an important detail to include in a story.   
Title: Re: A “Red-Flag Law” Horror Story
Post by: Smokin Joe on January 14, 2020, 04:13:27 pm
I predict this sort of legislation will be used by the petty and sanctimonious to flog those they dislike or hold in disdain, regardless of any absence of danger they may present.

If you think 'swatting' was bad, keep in mind that this could be abused far worse by far more people.