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General Category => National/Breaking News => Second Amendment => Topic started by: mystery-ak on August 20, 2019, 12:37:01 pm

Title: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: mystery-ak on August 20, 2019, 12:37:01 pm
Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Beth Baumann

 @eb454
|
Posted: Aug 19, 2019 10:08 PM

Extreme Risk Protection Orders (ERPOs), commonly referred to as "red flag laws," have been at the forefront of the gun control debate. The idea is simple: if a person is deemed mentally unstable, and a risk to themselves or others, he or she can be stripped of their firearms. Typically, family members, doctors and law enforcement have the power to petition a judge to deem the gun owner mentally unfit to own a firearm, at least for the time being. Some states, like Florida, have already implemented these laws. While they sound great on paper, they have a number of practicality issues. The biggest one is the lack of due process.

Just last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That's right. A man was stripped of his Second Amendment right...because the police failed to differentiate a law-abiding citizen with a thug.

According to Ammoland, Jonathan Carpenter received a certified letter from the Florida Department of Agriculture and Consumer Services saying his concealed handgun permit had been suspended for "acts of domestic violence or acts of repeat violations."

more
https://townhall.com/tipsheet/bethbaumann/2019/08/19/red-flag-law-failure-guy-is-stripped-of-his-gunsbecause-of-another-mans-criminal-activity-n2551921
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Applewood on August 20, 2019, 12:44:00 pm
No surprise here.  While these red flag laws sound good on paper, they, like every other "gun control" law or proposed law, are all open to abuse.  Come to think of it, just about every law is open for abuse,  particularly those that come out of DC.  For all the lawyers in both houses of congress, not one of them can come up with a law that works the way it should.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 20, 2019, 01:11:10 pm
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 20, 2019, 04:52:45 pm
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   

Never short of excuses when these laws you tout meet reality and don't work out so well.

Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: InHeavenThereIsNoBeer on August 20, 2019, 04:55:06 pm
This never would have happened under Charles Bronson.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 20, 2019, 05:00:16 pm
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   

Friggin nonsense. How do you know how many firearms the guy has? Are you going to go take away all the firearms he might borrow from a buddy too? What if he uses a truck instead?

TROs have never prevented a damn thing.

And it isn't a 'special right' ... It is a normative natural right not to have your property seized.
Better impound his truck too, and all his kitchen knives and hammers, for all the good it will do.

Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 20, 2019, 05:16:51 pm
Friggin nonsense. How do you know how many firearms the guy has? Are you going to go take away all the firearms he might borrow from a buddy too? What if he uses a truck instead?

TROs have never prevented a damn thing.

And it isn't a 'special right' ... It is a normative natural right not to have your property seized.
Better impound his truck too, and all his kitchen knives and hammers, for all the good it will do.

If a TRO can, because of a credible accusation,  temporarily deprive a man of his liberty pending a due process hearing, then what's the difference between such a TRO and a temporary sequestration of the man's property?   The only explanation I can see (especially since a temporary deprivation of a man's liberty is far more onerous than a temporary deprivation of his property)  is that gun owners seem to believe they should have special rights.     
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 20, 2019, 05:29:23 pm
If a TRO can, because of a credible accusation,  temporarily deprive a man of his liberty pending a due process hearing, then what's the difference between such a TRO and a temporary sequestration of the man's property?   The only explanation I can see (especially since a temporary deprivation of a man's liberty is far more onerous than a temporary deprivation of his property)  is that gun owners seem to believe they should have special rights.     

What other property can be seized by TRO?

And while you are right, that taking a man's liberty is more onerous, that is not usually the case in a TRO. They are just instructed to avoid a particular distance around the prospective victim. and all forms of contact with the prospective victim are denied them.

Go talk to a cop and see how well TROs work. They don't. The cops hope for a way to bust the guy because they know TROs don't work.

Anymore than seizing guns will. If a man has murder in his heart, if revenge controls him, the law will mean nothing. The only thing force knows is force.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 20, 2019, 08:46:12 pm
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   

Wrong again, sir.  It's not "due process" if you can only get your property back if you can prove you're innocent.  There is the usual litany of incorrect reasoning in the rest of the post, so no point arguing that.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: libertybele on August 20, 2019, 09:22:56 pm
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   

???? The gun was taken away period.  It is now up to him to prove that he is innocent.  He's had a run in with the law.  Good luck getting that gun back.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 21, 2019, 12:35:17 am
If a TRO can, because of a credible accusation,  temporarily deprive a man of his liberty pending a due process hearing, then what's the difference between such a TRO and a temporary sequestration of the man's property?   The only explanation I can see (especially since a temporary deprivation of a man's liberty is far more onerous than a temporary deprivation of his property)  is that gun owners seem to believe they should have special rights.     
Simply enough, the rifles  and handguns he lovingly placed in the gun safe will be handled like cordwood, stocks marred and dinged, muzzles dinged (affects accuracy and value) and on some high end rifles, that damage can cause the value of the firearms to decrease. Condition is important, too. Whether they are historically significant, family heirlooms, expensive custom guns, or just cheap pawnshop shooters, you can bet the only ones treated really well will be ones the confiscating agents might want to add the their collections. Should the owner be able to recover his property, you can bet the burden of proof of any damage will lie with the owner, and it is highly unlikely that would be (or in some cases, could be) compensated.

Additionally, the firearms will inevitably be inventoried (perhaps even completely), and lined up for the 'trophy' picture of all the guns rounded up, which would make the owner a robbery target if the owner recovers them. Add in some militant hoplophobes, and the owner and family members could be subject to everything from street protests to personal harassment and other politically motivated repercussions which would never have come about if the owner's property had remained private.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: austingirl on August 21, 2019, 01:03:20 am
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.

“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”

Here's where things get even more ridiculous.

Carpenter's firearms had to remain in police custody until the plaintiff can say, in court, that he's not the man that she filed a complaint against. He'd then have to petition the court to get his firearms back...and he would have to bear the cost. Carpenter will get his day in court later this month."


This innocent citizen looked nothing like the man with the same name, yet they took his guns anyway. He has the burden of having to appear in court and to pay all costs to get his guns back.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 21, 2019, 01:14:29 am
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.

“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”

Here's where things get even more ridiculous.

Carpenter's firearms had to remain in police custody until the plaintiff can say, in court, that he's not the man that she filed a complaint against. He'd then have to petition the court to get his firearms back...and he would have to bear the cost. Carpenter will get his day in court later this month."


This innocent citizen looked nothing like the man with the same name, yet they took his guns anyway. He has the burden of having to appear in court and to pay all costs to get his guns back.
Now what makes that scary is that there are some 40 or 50 people posting on bookface with the same first and last name as mine, although none of them is me. My name isn't even all that common.

I knew a fellow named Smith (I'll leave his first name out, but it wasn't John), who had a problem in Denver decades ago because there were six or seven other fellows with his first and last name, and he was always getting collection notices and the like from one of the others' doings. How many people will suffer over muddled identity, even when it shouldn't be?
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:17:05 am
???? The gun was taken away period.  It is now up to him to prove that he is innocent.  He's had a run in with the law.  Good luck getting that gun back.

Lawyers are fine with that, because you have to hand them a big fat roll of cash to even have the chance to prove your innocence.  Please note our resident Briefer, who ignores every pearl put before him, is such a person.  He's smart, and knows way more than us paranoid mortals, and sees nothing wrong with what I described.  All it takes to play the game is your cash.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:19:19 am
Now what makes that scary is that there are some 40 or 50 people posting on bookface with the same first and last name as mine, although none of them is me. My name isn't even all that common.

I knew a fellow named Smith (I'll leave his first name out, but it wasn't John), who had a problem in Denver decades ago because there were six or seven other fellows with his first and last name, and he was always getting collection notices and the like from one of the others' doings. How many people will suffer over muddled identity, even when it shouldn't be?

People who want to seize all guns have zero trouble with this man's story.  The tragedy for them is when he gets them back.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 21, 2019, 01:21:59 am
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.

“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”

Here's where things get even more ridiculous.

Carpenter's firearms had to remain in police custody until the plaintiff can say, in court, that he's not the man that she filed a complaint against. He'd then have to petition the court to get his firearms back...and he would have to bear the cost. Carpenter will get his day in court later this month."


This innocent citizen looked nothing like the man with the same name, yet they took his guns anyway. He has the burden of having to appear in court and to pay all costs to get his guns back.

The hideous application of this law can be traced to the statewide panic and emotional pleas to “Do Something!!” that swept the state after Parkland.....  our “Republican” legislature and outgoing “Republican” Governor (now Senator Scott) were too weak and unmoored from both the State and national Constitutions to resist....

 9999hair out0000
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sighlass on August 21, 2019, 01:37:28 am
The article is misleading is that it implies a lack of due process.    This man will undoubtedly get his gun back after he explains the situation to the judge.    That's due process.

It is not up to law enforcement to make the call -  it received a credible report of domestic abuse and took the gun away pending the hearing with the judge.   That's no different than the issuance of a temporary restraining order following a credible charge of domestic abuse -  an direct imposition on an individual's personal liberty far more onerous IMO than temporarily taking his gun away.    The TRO remains in place until the matter is adjudicated.    So, too, is the temporary deprivation of the firearm.   

That's how due process works -  why should a firearms owner be accorded special rights?   

Bull, he has to not only go to court, but burden the cost of those court sessions.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 02:10:59 am
People who want to seize all guns have zero trouble with this man's story.  The tragedy for them is when he gets them back.

QFT
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:09:24 am
Bull, he has to not only go to court, but burden the cost of those court sessions.

To the mind of a lawyer, that isn't a bug, it's a feature.
  It keeps the riff raff out of the Courts.  To the mind of a gun grabber it's a short delay in hopes of taking this guy's guns forever on a technicality.  Stamp him a paper criminal so he can never buy a gun again.  The two sets of people I described work hand in glove to disarm victims who might shoot back at their privileged class.

It sounds sick because it is, but such is the state of our legal system.  It's been an engine of progressives for years.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 12:04:31 pm

To the mind of a lawyer, that isn't a bug, it's a feature.
  It keeps the riff raff out of the Courts.  To the mind of a gun grabber it's a short delay in hopes of taking this guy's guns forever on a technicality.  Stamp him a paper criminal so he can never buy a gun again.  The two sets of people I described work hand in glove to disarm victims who might shoot back at their privileged class.

It sounds sick because it is, but such is the state of our legal system.  It's been an engine of progressives for years.

@Cyber Liberty I can hear it now...”well if he’s done. I thing wrong he shouldn’t have a problem going to court to get his weapons back.”
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 12:36:02 pm
@Cyber Liberty I can hear it now...”well if he’s done. I thing wrong he shouldn’t have a problem going to court to get his weapons back.”

How odd, I hear it too.  It's amazing how free some folks are with other peoples money.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:39:32 pm
Wrong again, sir.  It's not "due process" if you can only get your property back if you can prove you're innocent.  There is the usual litany of incorrect reasoning in the rest of the post, so no point arguing that.

No, the presumption of innocence isn't flipped.    The purpose of a TRO,  much like that of the temporary sequestration of a gun,  is to preserve the status quo ante while due process unfolds.    If a man credibly accused of domestic violence is ordered to stay away from his family home pending a hearing,  that's to (hopefully) keep him from harming his spouse.   But at the hearing,  the accuser still bears the burden of showing the restraining order should be permanent.

Same with the temporary sequestration of a gun.   The man's gun isn't being confiscated,  it is being temporarily taken away by reason of the credible accusation.   But at the hearing,  the state must prove that the conditions exist for confiscation;  the man's presumption of innocence remains.   Here,  where the credible accusation involves mistaken identity,  it should be a simple matter for the man to show that and get his gun back.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:41:41 pm
Bull, he has to not only go to court, but burden the cost of those court sessions.

So what?   That's what anyone has to do when judicial process is engaged.    What makes you think that as a gun owner you have special rights?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 12:46:18 pm
No, the presumption of innocence isn't flipped.    The purpose of a TRO,  much like that of the temporary sequestration of a gun,  is to preserve the status quo ante while due process unfolds.    If a man credibly accused of domestic violence is ordered to stay away from his family home pending a hearing,  that's to (hopefully) keep him from harming his spouse.   But at the hearing,  the accuser still bears the burden of showing the restraining order should be permanent.

Same with the temporary sequestration of a gun.   The man's gun isn't being confiscated,  it is being temporarily taken away by reason of the credible accusation.   But at the hearing,  the state must prove that the conditions exist for confiscation;  the man's presumption of innocence remains.   Here,  where the credible accusation involves mistaken identity,  it should be a simple matter for the man to show that and get his gun back.   

Technically
true about the burden, but it doesn't work that way in real life.  The burden is on whomever wants to change the current state of affairs.  Someone else has your stuff, you must make the argument to get it back.  You cannot convince me otherwise because I've seen it in action, and who am I to believe, you or my lying eyes.

You see things as theory learned in school, I see things...differently.  I went to a different school.

ETA:
Quote
preserve the status quo ante while due process unfolds.

The ship of Status Quo sailed when the jackboots took the guns.  Status Quo is "the guns belong to the Police" by the time the case hits a hearing.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:46:35 pm

To the mind of a lawyer, that isn't a bug, it's a feature.
  It keeps the riff raff out of the Courts.  To the mind of a gun grabber it's a short delay in hopes of taking this guy's guns forever on a technicality.  Stamp him a paper criminal so he can never buy a gun again.  The two sets of people I described work hand in glove to disarm victims who might shoot back at their privileged class.

It sounds sick because it is, but such is the state of our legal system.  It's been an engine of progressives for years.

The legal system is the same as it ever was, including the guarantees of due process and equal protection, the presumption of innocence and the burden of proof lying with the accuser.  Red flag laws are just property-based versions of TROs, which have been around for years. 

Do you object to the ability of a battered spouse to go to court to get a TRO against her mate?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 12:49:16 pm
Do you object to the ability of a battered spouse to go to court to get a TRO against her mate?   

The difference being, the spouse is battered. A CRIME has been committed.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 12:50:48 pm
The legal system is the same as it ever was, including the guarantees of due process and equal protection, the presumption of innocence and the burden of proof lying with the accuser.  Red flag laws are just property-based versions of TROs, which have been around for years. 

Do you object to the ability of a battered spouse to go to court to get a TRO against her mate?   

I don't object to the concept of TRO, I object to seizure of property w/o due process first.

What do you think of the fact that this innocent fellow has to fork out cash to have his day in court.  Fair?
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:51:13 pm

Technically
true about the burden, but it doesn't work that way in real life. 


Sure it does.

Quote
The burden is on whomever wants to change the current state of affairs. 

Correct.   The burden is on the accuser.   

Quote
Someone else has your stuff, you must make the argument to get it back


Like I said,  a red flag law is merely a property-based version of a TRO.   Do you object to the ability of a battered spouse to obtain a TRO to keep her spouse away from the family home?  Is such a TRO a perversion of justice in your view?     
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 12:51:48 pm
The difference being, the spouse is battered. A CRIME has been committed.

Don't look now, but there went another straw man.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 12:54:07 pm


Sure it does.

Correct.   The burden is on the accuser.   
 

Like I said,  a red flag law is merely a property-based version of a TRO.   Do you object to the ability of a battered spouse to obtain a TRO to keep her spouse away from the family home?  Is such a TRO a perversion of justice in your view?     

The difference between you and just about everybody else is you have faith in government and its courts, I do not.  And shove the battered spouse crap back up where it came from.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:56:56 pm
I don't object to the concept of TRO, I object to seizure of property w/o due process first.

What do you think of the fact that this innocent fellow has to fork out cash to have his day in court.  Fair?

Of course it's fair.  The question of his innocence is the subject of the proceeding.  You're putting the rabbit in the hat.   

Here's the issue:   Why do you support the ability of a battered spouse to get a TRO to temporarily deprive her spouse of his liberty,  but not his property?     Before I accuse you of hypocrisy (or placing a man's gun on a pedestal above his liberty),  I'd like to hear your reasoning.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 12:58:00 pm
The difference between you and just about everybody else is you have faith in government and its courts, I do not.  And shove the battered spouse crap back up where it came from.

Red flag laws are most commonly used in situations of domestic abuse.   Why is my analogy to a TRO "crap"?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: skeeter on August 21, 2019, 01:09:15 pm
Red flag laws are most commonly used in situations of domestic abuse.   Why is my analogy to a TRO "crap"?   

A TRO temporarily prohibits voluntary behavior. A red flag law seizes private property without due process.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 01:14:41 pm
A TRO temporarily prohibits voluntary behavior. A red flag law seizes private property without due process.

A TRO temporarily denies a citizen of his liberty,  a red flag law temporarily sequesters a citizen's property, in each case pending the application of due process.    Is property more sacrosanct than liberty?     
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:16:36 pm
Red flag laws are most commonly used in situations of domestic abuse.   Why is my analogy to a TRO "crap"?   

Because you are using it to deflect from the topic.  One of your favorite ploys.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: thackney on August 21, 2019, 01:20:01 pm
No, the presumption of innocence isn't flipped.    The purpose of a TRO,  much like that of the temporary sequestration of a gun,  is to preserve the status quo ante while due process unfolds.    If a man credibly accused of domestic violence is ordered to stay away from his family home pending a hearing,  that's to (hopefully) keep him from harming his spouse.   But at the hearing,  the accuser still bears the burden of showing the restraining order should be permanent.

Same with the temporary sequestration of a gun.   The man's gun isn't being confiscated,  it is being temporarily taken away by reason of the credible accusation.   But at the hearing,  the state must prove that the conditions exist for confiscation;  the man's presumption of innocence remains.   Here,  where the credible accusation involves mistaken identity,  it should be a simple matter for the man to show that and get his gun back.   

Reality is different.

When a temporary restraining order (TRO) is filed in NJ, the police will seize any and all weapons that the defendant has in their possession and their home. If a final restraining order (FRO) is ultimately issued, then the defendant will be prohibited from possessing those weapons permanently. And, even if the TRO is dropped or dismissed by the Judge, the defendant does not automatically get his or her weapons back. That is up to the County prosecutor’s office in the county in which the restraining order was filed.

https://www.njrestrainingorderlawyers.com/forfeiture-of-weapons-in-nj-restraining-order-cases/ (https://www.njrestrainingorderlawyers.com/forfeiture-of-weapons-in-nj-restraining-order-cases/)
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:24:25 pm
A TRO temporarily denies a citizen of his liberty,  a red flag law temporarily sequesters a citizen's property, in each case pending the application of due process.    Is property more sacrosanct than liberty?   

Stay on topic.  You're inserting a discussion about TROs into a thread about Red Flags.  They are not the same thing, and I am not interested in watching a thread expand to 10 pages while you argue about TROs.  You have already started  arguing about whether they are the same thing.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:26:41 pm
Reality is different.

When a temporary restraining order (TRO) is filed in NJ, the police will seize any and all weapons that the defendant has in their possession and their home. If a final restraining order (FRO) is ultimately issued, then the defendant will be prohibited from possessing those weapons permanently. And, even if the TRO is dropped or dismissed by the Judge, the defendant does not automatically get his or her weapons back. That is up to the County prosecutor’s office in the county in which the restraining order was filed.

https://www.njrestrainingorderlawyers.com/forfeiture-of-weapons-in-nj-restraining-order-cases/ (https://www.njrestrainingorderlawyers.com/forfeiture-of-weapons-in-nj-restraining-order-cases/)

Possession is 9/10ths of the law.  And it should not cost money to retrieve weapons wrongfully seized.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 01:43:43 pm
Possession is 9/10ths of the law.  And it should not cost money to retrieve weapons wrongfully seized.

And unlike a mirandized thug, since you haven't been arrested, no lawyer is provided if you cannot afford your own. So even to prove your innocence (which is Bass-ackwards too, btw), the fortune to have legal representation must come out of your own pocket...

Hence, the poor man, unjustly accused, and deprived of property, has no recourse.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 01:46:31 pm
And unlike a mirandized thug, since you haven't been arrested, no lawyer is provided if you cannot afford your own. So even to prove your innocence (which is Bass-ackwards too, btw), the fortune to have legal representation must come out of your own pocket...

Hence, the poor man, unjustly accused, and deprived of property, has no recourse.

That's not a bug, it's a feature of our lawless courts.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 02:03:39 pm
Stay on topic.  You're inserting a discussion about TROs into a thread about Red Flags.  They are not the same thing, and I am not interested in watching a thread expand to 10 pages while you argue about TROs.  You have already started  arguing about whether they are the same thing.

Well, see @thackney 's post above.  Apparently, at least in New Jersey,  TROs are linked directly to the temporary sequestration of firearms.   When a TRO is issued in a domestic violence situation,  the accused person's firearms are temporarily taken together with his liberty.  If the TRO becomes (following due process) a final restraining order (FRO),  the sequestration of his firearms becomes permanent.    (Thackney raises a separate question about if the FRO is NOT issued,  the return of the man's firearm is apparently not guaranteed.   If that's so, I agree with him that this appears unjust and arbitrary).

But I am most certainly "staying on topic".    A red flag law is very similar to a TRO,  directed at property rather than a person's liberty.    If you support the general concept of a TRO in domestic abuse scenarios,  then logically you ought to support the concept of a  well-drafted red flag law.       
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:06:43 pm
Well, see @thackney 's post above.  Apparently, at least in New Jersey,  TROs are linked directly to the temporary sequestration of firearms.   When a TRO is issued in a domestic violence situation,  the accused person's firearms are temporarily taken together with his liberty. 

Domestic violence - A crime has been committed.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 02:12:51 pm
Well, see @thackney 's post above.  Apparently, at least in New Jersey,  TROs are linked directly to the temporary sequestration of firearms.   When a TRO is issued in a domestic violence situation,  the accused person's firearms are temporarily taken together with his liberty.  If the TRO becomes (following due process) a final restraining order (FRO),  the sequestration of his firearms becomes permanent.    (Thackney raises a separate question about if the FRO is NOT issued,  the return of the man's firearm is apparently not guaranteed.   If that's so, I agree with him that this appears unjust and arbitrary).

But I am most certainly "staying on topic".    A red flag law is very similar to a TRO,  directed at property rather than a person's liberty.    If you support the general concept of a TRO in domestic abuse scenarios,  then logically you ought to support the concept of a  well-drafted red flag law.     

They are not the same thing, as explained by at least two other people above.

This is an attempt to frame the discussion as "If you believe X, then you must accept unrelated Y."  Not gonna fly.  I don't want a good thread about what happens when somebody is unfairly accused of something become a thread about TROs.

That is all.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:20:15 pm
That's not a bug, it's a feature of our lawless courts.

With emphasis:

Accusation without a crime being committed, on the basis of what one MAY do.
Property seized without a crime having been committed.
No Miranda rights.
Must prove innocence, rather than the state proving guilt.
Proving innocence is very often trying to prove a negative, which is impossible.
YOU must provide for your defense - and if you cannot afford a lawyer, well, tough shit for you then.

This is a travesty.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 02:22:14 pm
And unlike a mirandized thug, since you haven't been arrested, no lawyer is provided if you cannot afford your own. So even to prove your innocence (which is Bass-ackwards too, btw), the fortune to have legal representation must come out of your own pocket...

Hence, the poor man, unjustly accused, and deprived of property, has no recourse.

And that is why I've chosen to protect myself and my wife with a membership in USCCA.  They give me the resources to protect against unlawful seizures in these unconstitutional red flag law issues as well as if (God forbid) I actually have to use my weapon in self defense.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:24:35 pm
And that is why I've chosen to protect myself and my wife with a membership in USCCA.  They give me the resources to protect against unlawful seizures in these unconstitutional red flag law issues as well as if (God forbid) I actually have to use my weapon in self defense.

Not that you should have to...
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 02:24:58 pm
With emphasis:

Accusation without a crime being committed, on the basis of what one MAY do.
Property seized without a crime having been committed.
No Miranda rights.
Must prove innocence, rather than the state proving guilt.
Proving innocence is very often trying to prove a negative, which is impossible.
YOU must provide for your defense - and if you cannot afford a lawyer, well, tough shit for you then.

This is a travesty.

It is.  Even if you act as your own attorney, you still have to fork over a hundred or two in "court costs" to the gummint to even get your day in court.  Lawyers are cool with this.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:30:22 pm
It is.  Even if you act as your own attorney, you still have to fork over a hundred or two in "court costs" to the gummint to even get your day in court.  Lawyers are cool with this.

Not to mention, like an impound lot, you get whacked an exorbitant storage fee...
My experience in Eastern WA... It would cost more than the firearm was worth to get it sprung. Better to just go get another (which I did of course).
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 02:40:22 pm
They are not the same thing, as explained by at least two other people above.

This is an attempt to frame the discussion as "If you believe X, then you must accept unrelated Y."  Not gonna fly.  I don't want a good thread about what happens when somebody is unfairly accused of something become a thread about TROs.

That is all.

The man wasn't "unfairly accused".   He was merely mistakenly accused.    The accusation was of domestic violence.   Yes, it was mistakenly applied to the wrong person,  but that doesn't invalidate the concept that a woman with a credible fear can seek temporary protection from her spouse or partner (whether through a TRO or sequestration of his gun).   Otherwise, the woman has no remedy other than to hope the abuser doesn't shoot straight enough to kill her.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 02:41:24 pm
Not that you should have to...

I agree.  But the reality is that even if the shooting is legit and you are completely in the right...you'll still end up wearing bracelets no matter how temporarily it might be...and you still might have a local DA or County Prosecutor who is anti gun that decides to drag you into court over you defending your house or family.

Or as we're not seeing...you're either falsely accused or suffer a case of mistaken identity and cops acting under Red Flag laws seize your weapons and detain you.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 02:44:52 pm
They are not the same thing, as explained by at least two other people above.

This is an attempt to frame the discussion as "If you believe X, then you must accept unrelated Y."  Not gonna fly.  I don't want a good thread about what happens when somebody is unfairly accused of something become a thread about TROs.

That is all.

It is only your opinion that TROs and red flag laws are "unrelated".   @thackney has presented evidence that, at least in New Jersey,  they are not only related, but linked.   And the purpose of that linkage is to protect the victims of potential domestic abuse.     
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: thackney on August 21, 2019, 02:46:41 pm
It is only your opinion that TROs and red flag laws are "unrelated".   @thackney has presented evidence that, at least in New Jersey,  they are not only related, but linked.   And the purpose of that linkage is to protect the victims of potential domestic abuse.   

And demonstrate how they are abused.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 02:53:48 pm
And demonstrate how they are abused.

Which is why TROs are a losing proposition if @Jazzhead wants to go down that road.   *****rollingeyes*****
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:54:22 pm
I agree.  But the reality is that even if the shooting is legit and you are completely in the right...you'll still end up wearing bracelets no matter how temporarily it might be...and you still might have a local DA or County Prosecutor who is anti gun that decides to drag you into court over you defending your house or family.

Or as we're not seeing...you're either falsely accused or suffer a case of mistaken identity and cops acting under Red Flag laws seize your weapons and detain you.

Yeah, I see your thinking.
 :beer:

Won't work like that for me... Never does. Insurance has never done me a bit of good in my whole dang life.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 02:55:35 pm
The man wasn't "unfairly accused".   He was merely mistakenly accused.    The accusation was of domestic violence.   Yes, it was mistakenly applied to the wrong person,  but that doesn't invalidate the concept that a woman with a credible fear can seek temporary protection from her spouse or partner (whether through a TRO or sequestration of his gun).   Otherwise, the woman has no remedy other than to hope the abuser doesn't shoot straight enough to kill her.

Is it reasonable he has to pay court costs and an attorney to get his weapons back?
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 02:58:28 pm
It is only your opinion that TROs and red flag laws are "unrelated".   @thackney has presented evidence that, at least in New Jersey,  they are not only related, but linked.   And the purpose of that linkage is to protect the victims of potential domestic abuse.   


WHEN CRIMINAL ABUSE HAS ALREADY BEEN COMMITTED!!!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 03:00:30 pm
Is it reasonable he has to pay court costs and an attorney to get his weapons back?

Told ya.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:04:48 pm
Told ya.

You did!   :beer: :beer:
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 21, 2019, 03:12:28 pm
Quote
The man wasn't "unfairly accused".   He was merely mistakenly accused.

Thats pure dissembling right there.

If you are mistakenly accused of something you didn't do...you ARE unfairly accused.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:16:00 pm
Thats pure dissembling right there.

If you are mistakenly accused of something you didn't do...you ARE unfairly accused.

That's the way I saw it too.  "Unfair" == "mistaken" but "TRO" != "red flag."  Semantic wordplay.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 03:17:57 pm
And demonstrate how they are abused.

I have no objection to the linkage  - a domestic abuser with a gun is more dangerous than a domestic abuser without a gun.  But I agree with you that,  if due process concludes that a restraining order is unnecessary,  any related gun sequestration should be concomitantly lifted. 

@thackney 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:18:40 pm
To get back on Topic, I'll ask you again, @Jazzhead:  "Is it right this fellow has to shell out money and time to get his guns back?"
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 03:19:59 pm
a domestic abuser with a gun is more dangerous than a domestic abuser without a gun.

A 'domestic abuser' by definition, HAS ALREADY COMMITTED A CRIME!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:20:10 pm
I have no objection to the linkage  - a domestic abuser with a gun is more dangerous than a domestic abuser without a gun.  But I agree with you that,  if due process concludes that a restraining order is unnecessary,  any related gun sequestration should be concomitantly lifted. 

@thackney

...at no cost to the unfairly accused? 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 03:21:09 pm
That's the way I saw it too.  "Unfair" == "mistaken" but "TRO" != "red flag."  Semantic wordplay.

No, words have meanings.   If this person had been correctly identified as the domestic abuser,  it is not "unfair" to temporarily restrain his liberty and/or sequester his firearms pending the application of due process.

This person was simply the victim of mistaken identity.   That's not "unfair", it's merely a mistake (and one that will undoubtedly be quickly corrected and his firearm returned).   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:22:04 pm
A 'domestic abuser' by definition, HAS ALREADY COMMITTED A CRIME!

Your sentiments will be repeated over and over again for 10 pages, because he hears that about as well as he hears, "shall not be infringed."  I'm going to be pissed if that's what happens.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:22:38 pm
No, words have meanings.   If this person had been correctly identified as the domestic abuser,  it is not "unfair" to temporarily restrain his liberty and/or sequester his firearms pending the application of due process.

This person was simply the victim of mistaken identity.   That's not "unfair", it's merely a mistake (and one that will undoubtedly be quickly corrected and his firearm returned).   

Answer my question.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 03:23:57 pm
A 'domestic abuser' by definition, HAS ALREADY COMMITTED A CRIME!

No!   What is at issue is a credible accusation of domestic abuse.   If that's enough to get a TRO, it ought to be enough to permit the temporary sequestration of a firearm. 

 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 03:24:03 pm
That's not "unfair", it's merely a mistake (and one that will undoubtedly be quickly corrected and his firearm returned).   

Mine sure as hell wasn't over in Spokane, where charges and fees cost more than the gun was worth.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 03:24:57 pm
Answer my question.

Which one?   (There are a  lot of posts flying back and forth) 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 03:26:46 pm
...at no cost to the unfairly accused?

Do you mean the mistaken identity guy or the guy credibly accused of domestic violence?    Are you suggesting free legal representation as a new form of welfare?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 21, 2019, 03:28:18 pm
Do you mean the mistaken identity guy or the guy credibly accused of domestic violence?    Are you suggesting free legal representation as a new form of welfare?

MIRANDA.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: thackney on August 21, 2019, 03:28:23 pm
I have no objection to the linkage  - a domestic abuser with a gun is more dangerous than a domestic abuser without a gun.  But I agree with you that,  if due process concludes that a restraining order is unnecessary,  any related gun sequestration should be concomitantly lifted. 

@thackney

@Jazzhead

When the existing laws are an abuse of government power and unfair trampling of constitutional rights, they are not compelling examples of: "we need more laws like this."
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:32:14 pm
Do you mean the mistaken identity guy or the guy credibly accused of domestic violence?    Are you suggesting free legal representation as a new form of welfare?

Since this is a thread about a real man being disarmed over a mistaken identity, and not your hypothetical domestic violence canard, which do you think I'm talking about?  To your second sentence, somebody who has been harmed by the State through no fault of their own cannot be accused of accepting a "new form of welfare."  The State that made the mistake should pay all costs upfront.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 03:36:06 pm
Which one?   (There are a  lot of posts flying back and forth)

http://www.gopbriefingroom.com/index.php?action=post;quote=2038486;topic=372746.50 (http://www.gopbriefingroom.com/index.php?action=post;quote=2038486;topic=372746.50)
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sanguine on August 21, 2019, 03:44:24 pm
If there was ever a case that showed why red flag laws are completely unacceptable, this is it.  It's impossible for a reasonable person to defend.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: thackney on August 21, 2019, 03:48:20 pm
http://www.gopbriefingroom.com/index.php?action=post;quote=2038486;topic=372746.50 (http://www.gopbriefingroom.com/index.php?action=post;quote=2038486;topic=372746.50)

@Cyber Liberty

I don't think you got the right link.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 04:17:02 pm
@Cyber Liberty

I don't think you got the right link.

That's possible.  I'll just repeat the question in a more clear manner.

Is it appropriate for a State to force someone to pay to rectify an error made by the State?

@Jazzhead I am not trying to bait you or set you up for another shot.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 04:17:36 pm
If there was ever a case that showed why red flag laws are completely unacceptable, this is it.  It's impossible for a reasonable person to defend.

"It's a feature, not a bug."
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 21, 2019, 04:42:53 pm
No, the presumption of innocence isn't flipped.    The purpose of a TRO,  much like that of the temporary sequestration of a gun,  is to preserve the status quo ante while due process unfolds.    If a man credibly accused of domestic violence is ordered to stay away from his family home pending a hearing,  that's to (hopefully) keep him from harming his spouse.   But at the hearing,  the accuser still bears the burden of showing the restraining order should be permanent.

Same with the temporary sequestration of a gun.   The man's gun isn't being confiscated,  it is being temporarily taken away by reason of the credible accusation.   But at the hearing,  the state must prove that the conditions exist for confiscation;  the man's presumption of innocence remains.   Here,  where the credible accusation involves mistaken identity,  it should be a simple matter for the man to show that and get his gun back.   
One of my firearms was stolen. It took months to get it back.

It wasn't taken over a question of my identity, nor over any action against me by Law Enforcement, mistaken or otherwise. I was robbed, and then had to prove ownership, and get my firearm returned in an area where the dockets are full, but not anything like big cities.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 04:44:19 pm
One of my firearms was stolen. It took months to get it back.

It wasn't taken over a question of my identity, nor over any action against me by Law Enforcement, mistaken or otherwise. I was robbed, and then had to prove ownership, and get my firearm returned in an area where the dockets are full, but not anything like big cities.

Did you have to pay to get it back?  Clear a background check?
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 21, 2019, 04:55:17 pm
Did you have to pay to get it back?  Clear a background check?
No, I didn't have to pay, and I have a CCW Permit, so no background check.
I had filed a police report on the theft a day before it was recovered (by police) during an arrest.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 04:59:00 pm
No, I didn't have to pay, and I have a CCW Permit, so no background check.
I had filed a police report on the theft a day before it was recovered (by police) during an arrest.

A happy ending!  I hope it wasn't too much of a PITA.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 05:07:43 pm
That's possible.  I'll just repeat the question in a more clear manner.

Is it appropriate for a State to force someone to pay to rectify an error made by the State?

I think it would be right for the State to address an error swiftly and to compensate the man for his legal expense in getting the mistake corrected.   

But this case is the anomaly.   Most of the time,  the State identifies the correct individual credibly accused of domestic abuse.   In such a case,  I see no reason for the State to pay the accused's legal expenses. 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 21, 2019, 05:10:56 pm
If there was ever a case that showed why red flag laws are completely unacceptable, this is it.  It's impossible for a reasonable person to defend.

It's no more "impossible to defend" than with any other TRO based on a credible accusation of danger to another.   The State's job is to vet the credibility of an accusation before imposing the remedy of a TRO.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 05:51:44 pm
 **nononono*
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sanguine on August 21, 2019, 06:04:41 pm
It's no more "impossible to defend" than with any other TRO based on a credible accusation of danger to another.   The State's job is to vet the credibility of an accusation before imposing the remedy of a TRO.   

I said a "reasonable person". 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 21, 2019, 06:39:55 pm
It's no more "impossible to defend" than with any other TRO based on a credible accusation of danger to another.   The State's job is to vet the credibility of an accusation before imposing the remedy of a TRO.   

But they don't.  Virtually all jurisdictions accept the petitioner's motion without any vetting.  Police, prosecutors, and judges will state directly that they accept a woman's petition against any male, because the danger is too great if they don't, in error.  They will also tell you that this sentiment was more or less codified as fallout from the passage of the Violence Against Women Act of 1994.

Read a bit of background:

Protective Orders, Burdens of Proof, and Court Procedure

In most jurisdictions, the proponent that domestic abuse has occurred carries the burden of proving the claim by only a “preponderance of the evidence.” A “preponderance” simply means that the party must prove that it is more likely than not that the abuse occurred. This is the lowest legal standard of proof in the court system and a great deal of discretion is left to a trial court in determining whether that standard has been met. All too often, Courts will issue a restraining order on extraordinarily weak evidence in order to err on the side of caution. After all, no Judge seeking reelection wants their picture splashed across the pages of the daily news trumpeting their failure to protect an abused person who is then later assaulted.

It is equally confounding that civil domestic abuse hearings are conducted with little time to prepare, particularly for a defendant, as well as in an abbreviated fashion to accommodate the court’s crowded docket. Whereas a person alleging domestic abuse may plan their case ahead, compiling documentation or manufacturing other evidence to support their claims, a defendant is often required to prepare a response to allegations of abuse in one or two weeks or less. When an evidentiary hearing is held, the Court may often limit testimony and evidence to fit the case into its busy schedule, often affording the parties less than an hour or two to present the case. Since procedurally the defendant presents their case second, his time is often extraordinarily limited.

In most jurisdictions, an application for a domestic abuse restraining order will include seeking an ex parte emergency order followed later by more permanent order issued after a return hearing in court. In order for an ex parte restraining order to enter, a person (often assisted by a battered woman’s shelter, advocate or domestic abuse office) may file a Motion and Affidavit seeking ex parte relief. Ex parte relief is emergency relief and the allegations considered by the court are one sided without and rebuttal by the person accused. Based on this one sided submission, the Court may issue a temporary restraining order that removes the defendant from the family home, precludes contact between the defendant and the victim and, often the children, and sets the matter for a court hearing in the near future, but often weeks away.

At the return hearing, the parties are advised to bring their witnesses and evidence to address the issues of abuse raised by the ex parte petition. At this hearing, the Court in many jurisdictions will offer a defendant the following options:
• Agree to the Restraining Order with no findings that abuse has occurred;
• Proceed to an evidentiary hearing to Contest the Allegations.

The first option is often attractive given the low standards of proof that apply at domestic abuse hearings and the significant impact of a finding that abuse has occurred. Remember a finding that domestic abuse has occurred may create a presumption that the person should not be awarded custody of children. Agreeing to a restraining order without any findings of abuse may be a way for the defendant to live to fight another day in family court where there are custody issues involved. The downside of such a concession is that:
• a restraining order will enter for as long as a year, unless modified by a subsequent court order, that may restrict contact with the family home and children involved;
• any violation of the order results in criminal action, this providing fodder for future false allegations that the order was violated;
• the victim may later try to extend the order beyond its current time period and may often do so on flimsy evidence.

The second option, contesting the allegations in court, requires an aggressive defense. All too often crowded domestic abuse calendars result in foreshortened hearings in which a court enters an order that can significantly affect the future rights of a defendant. You should always consider hiring an attorney is such settings to ensure that your rights are protected, that evidence is properly presented and so that inconsistencies in false allegations of abuse may be exposed.

https://www.hg.org/legal-articles/fighting-false-allegations-of-domestic-abuse-6008 (https://www.hg.org/legal-articles/fighting-false-allegations-of-domestic-abuse-6008)


This flawed model, rife with abuse, is not a good example upon which further law should be based.

Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Bigun on August 21, 2019, 06:52:11 pm
But they don't.  Virtually all jurisdictions accept the petitioner's motion without any vetting.  Police, prosecutors, and judges will state directly that they accept a woman's petition against any male, because the danger is too great if they don't, in error.  They will also tell you that this sentiment was more or less codified as fallout from the passage of the Violence Against Women Act of 1994.

Read a bit of background:

Protective Orders, Burdens of Proof, and Court Procedure

In most jurisdictions, the proponent that domestic abuse has occurred carries the burden of proving the claim by only a “preponderance of the evidence.” A “preponderance” simply means that the party must prove that it is more likely than not that the abuse occurred. This is the lowest legal standard of proof in the court system and a great deal of discretion is left to a trial court in determining whether that standard has been met. All too often, Courts will issue a restraining order on extraordinarily weak evidence in order to err on the side of caution. After all, no Judge seeking reelection wants their picture splashed across the pages of the daily news trumpeting their failure to protect an abused person who is then later assaulted.

It is equally confounding that civil domestic abuse hearings are conducted with little time to prepare, particularly for a defendant, as well as in an abbreviated fashion to accommodate the court’s crowded docket. Whereas a person alleging domestic abuse may plan their case ahead, compiling documentation or manufacturing other evidence to support their claims, a defendant is often required to prepare a response to allegations of abuse in one or two weeks or less. When an evidentiary hearing is held, the Court may often limit testimony and evidence to fit the case into its busy schedule, often affording the parties less than an hour or two to present the case. Since procedurally the defendant presents their case second, his time is often extraordinarily limited.

In most jurisdictions, an application for a domestic abuse restraining order will include seeking an ex parte emergency order followed later by more permanent order issued after a return hearing in court. In order for an ex parte restraining order to enter, a person (often assisted by a battered woman’s shelter, advocate or domestic abuse office) may file a Motion and Affidavit seeking ex parte relief. Ex parte relief is emergency relief and the allegations considered by the court are one sided without and rebuttal by the person accused. Based on this one sided submission, the Court may issue a temporary restraining order that removes the defendant from the family home, precludes contact between the defendant and the victim and, often the children, and sets the matter for a court hearing in the near future, but often weeks away.

At the return hearing, the parties are advised to bring their witnesses and evidence to address the issues of abuse raised by the ex parte petition. At this hearing, the Court in many jurisdictions will offer a defendant the following options:
• Agree to the Restraining Order with no findings that abuse has occurred;
• Proceed to an evidentiary hearing to Contest the Allegations.

The first option is often attractive given the low standards of proof that apply at domestic abuse hearings and the significant impact of a finding that abuse has occurred. Remember a finding that domestic abuse has occurred may create a presumption that the person should not be awarded custody of children. Agreeing to a restraining order without any findings of abuse may be a way for the defendant to live to fight another day in family court where there are custody issues involved. The downside of such a concession is that:
• a restraining order will enter for as long as a year, unless modified by a subsequent court order, that may restrict contact with the family home and children involved;
• any violation of the order results in criminal action, this providing fodder for future false allegations that the order was violated;
• the victim may later try to extend the order beyond its current time period and may often do so on flimsy evidence.

The second option, contesting the allegations in court, requires an aggressive defense. All too often crowded domestic abuse calendars result in foreshortened hearings in which a court enters an order that can significantly affect the future rights of a defendant. You should always consider hiring an attorney is such settings to ensure that your rights are protected, that evidence is properly presented and so that inconsistencies in false allegations of abuse may be exposed.

https://www.hg.org/legal-articles/fighting-false-allegations-of-domestic-abuse-6008 (https://www.hg.org/legal-articles/fighting-false-allegations-of-domestic-abuse-6008)


This flawed model, rife with abuse, is not a good example upon which further law should be based.

There you go injecting reality into a conversation again @EdJames!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sanguine on August 21, 2019, 06:54:50 pm
There you go injecting reality into a conversation again @EdJames!

He's that kind of guy. 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 21, 2019, 09:36:12 pm
It's no more "impossible to defend" than with any other TRO based on a credible accusation of danger to another.   The State's job is to vet the credibility of an accusation before imposing the remedy of a TRO.   

That's a lie.  I'm shocked.  I see @EdJames has proven why you are FOS (again) so Ill just leave this here.  And, I will also note you didn't give me a straight answer to my simple question, you had to hang predicate clauses all over it.  That's OK I didn't expect you to, because you never give a straight answer that might make you look foolish.

Be it noted:  @Jazzhead is OK with using the court system to drive people into bankruptcy in order to defeat them.  A lawyer once told me this is ethical, and it's good to hear that confirmed.  Bravo!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 21, 2019, 10:52:49 pm
@austingirl And @Smokin Joe have it spot on: THEY HAD THE WRONG GUY, and now he has the bear the burden of proof ands costs of getting a lawyer, taking time off of work, the damage done to his reputation,...... because the government made an error. Screw that $H!T.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 21, 2019, 10:56:38 pm
And that is why I've chosen to protect myself and my wife with a membership in USCCA.  They give me the resources to protect against unlawful seizures in these unconstitutional red flag law issues as well as if (God forbid) I actually have to use my weapon in self defense.
My wife and I have US Law Shield
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Bigun on August 22, 2019, 12:19:11 am
@austingirl And @Smokin Joe have it spot on: THEY HAD THE WRONG GUY, and now he has the bear the burden of proof ands costs of getting a lawyer, taking time off of work, the damage done to his reputation,...... because the government made an error. Screw that $H!T.

 :yowsa:  pointing-up
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 12:36:59 am
:yowsa:  pointing-up

And You Know Who thinks that's swell, because this is an anomaly. **nononono*

Other peoples money (like clients) is never a problem.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 22, 2019, 01:12:40 am
And You Know Who thinks that's swell, because this is an anomaly. **nononono*

Other peoples money (like clients) is never a problem.
@Cyber Liberty We agree on 85-90% but you are dead wrong. It is an anomaly now for two reasons:
1) It's not a federal law (YET)
2) The libtards have not figured out how to use them to wreak havoc (YET).
ONce they do all bets are off. They will make SWATTING look a summer vacation.
The only possible remedy I can see is if false reporting results in fines, imprisonment, and a cash penalty paid to falsely accused victims.
At which the laws will become useless.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 01:21:20 am
@Cyber Liberty We agree on 85-90% but you are dead wrong. It is an anomaly now for two reasons:
1) It's not a federal law (YET)
2) The libtards have not figured out how to use them to wreak havoc (YET).
ONce they do all bets are off. They will make SWATTING look a summer vacation.
The only possible remedy I can see is if false reporting results in fines, imprisonment, and a cash penalty paid to falsely accused victims.
At which the laws will become useless.

We still agree.  I am not the one who called it an anomaly.  I think it's revolting, and today's anomaly is tomorrow's widespread rape of our rights.

@verga
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 22, 2019, 02:05:03 am
We still agree.  I am not the one who called it an anomaly.  I think it's revolting, and today's anomaly is tomorrow's widespread rape of our rights.

@verga
My apologies, I went back and reread what you wrote, it was the dipsticks.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 02:17:26 am
My apologies, I went back and reread what you wrote, it was the dipsticks.

 :beer: :beer:
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sanguine on August 22, 2019, 02:23:39 am
My apologies, I went back and reread what you wrote, it was the dipsticks.

I guess we need dipsticks.  They tell us how deep it is.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 22, 2019, 10:27:47 am
I guess we need dipsticks.  They tell us how deep it is.
:yowsa:
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 22, 2019, 12:34:40 pm
Quote
In most jurisdictions, an application for a domestic abuse restraining order will include seeking an ex parte emergency order followed later by more permanent order issued after a return hearing in court. In order for an ex parte restraining order to enter, a person (often assisted by a battered woman’s shelter, advocate or domestic abuse office) may file a Motion and Affidavit seeking ex parte relief. Ex parte relief is emergency relief and the allegations considered by the court are one sided without and rebuttal by the person accused. Based on this one sided submission, the Court may issue a temporary restraining order that removes the defendant from the family home, precludes contact between the defendant and the victim and, often the children, and sets the matter for a court hearing in the near future, but often weeks away. 

That is indeed how a TRO works -  the allegation of an emergency leads to a temporary denial of liberty pending the later hearing when due process is provided for the accused.    It is hard to see any other way to do it,  given the exigencies.    The first order of business is to maintain the status quo pending the hearing,  since the failure to do so may lead to harm or even death.   That's the purpose of a red flag law as well.   Can it be abused?   Of course -  but when it works as intended it saves lives.   

I fail to see any principled argument by which a TRO is an acceptable imposition on liberty but a red flag law is not.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 02:03:38 pm
There you go injecting reality into a conversation again @EdJames!
@EdJames @Bigun  ...and doing it nicely, but left out the parts where CPS will lie (no other word for it) and have suborned perjury. I have seen both. For the victims of such, there is little recourse, because they were often not anticipating such behaviour and did not have the means to prove it.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 22, 2019, 02:09:40 pm
That is indeed how a TRO works -  the allegation of an emergency leads to a temporary denial of liberty pending the later hearing when due process is provided for the accused.    It is hard to see any other way to do it,  given the exigencies.    The first order of business is to maintain the status quo pending the hearing,  since the failure to do so may lead to harm or even death.   That's the purpose of a red flag law as well.   Can it be abused?   Of course -  but when it works as intended it saves lives.   

I fail to see any principled argument by which a TRO is an acceptable imposition on liberty but a red flag law is not.   

A TRO is based upon extant evidence, and is only tangentially predictive. A battered woman IS battered, in which a crime has already been committed, and normative to that, historical precedents exist- She has been battered in the past, showing a pattern of criminal behavior.

Your red flag law is entirely predictive, based upon opinions of someones motive and intentions. NO CRIME HAS BEEN COMMITTED
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 02:10:33 pm
That is indeed how a TRO works -  the allegation of an emergency leads to a temporary denial of liberty pending the later hearing when due process is provided for the accused.    It is hard to see any other way to do it,  given the exigencies.    The first order of business is to maintain the status quo pending the hearing,  since the failure to do so may lead to harm or even death.   That's the purpose of a red flag law as well.   Can it be abused?   Of course -  but when it works as intended it saves lives.   

I fail to see any principled argument by which a TRO is an acceptable imposition on liberty but a red flag law is not.   
You left out the part about the husband being locked out of and required to stay away from his home and children while the ex-wife-to-be and her boyfriend sell off his stuff. I have seen it happen more than once. It's a common opening gambit in a divorce.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 22, 2019, 02:12:30 pm
@EdJames @Bigun  ...and doing it nicely, but left out the parts where CPS will lie (no other word for it) and have suborned perjury. I have seen both. For the victims of such, there is little recourse, because they were often not anticipating such behaviour and did not have the means to prove it.

That is a bare fact. And it is often impossible to prove innocence, which is why the obligation is to prove guilt.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 02:43:54 pm
@austingirl And @Smokin Joe have it spot on: THEY HAD THE WRONG GUY, and now he has the bear the burden of proof ands costs of getting a lawyer, taking time off of work, the damage done to his reputation,...... because the government made an error. Screw that $H!T.
Error, schmerror. They had the wrong guy, they KNEW they had the wrong guy, and they should compensate him for everything from lost work time, any damages, and any illegal incarceration, and return his property, compensating him for damage to that as well, should there be any. It shouldn't cost the guy a dime when it is over.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 22, 2019, 02:44:51 pm
@Bigun
@Sanguine
@roamer_1
@Smokin Joe

Here is another dirty little aspect about TROs that is also implicitly manifest in Red Flag laws:

Quote

False Allegations of Abuse


One of most significant criticisms of the legal system that addresses domestic abuse, includes the facility and regularity in which false allegations of abuse are made and believed by courts with the primary intent to seek an advantage in divorce and custody proceedings.

One of the major catalysts for this abuse of the system is the broad definition that exists for domestic abuse. Under most statutory schemes, domestic abuse means the intentional and unlawful infliction of physical harm, bodily injury, assault, or the intentional and unlawful infliction of the fear of imminent physical harm, bodily injury, or assault between family or household members, or a criminal sexual act, committed against a family or household member by another family or household member. “Fear of harm” is an extraordinarily subjective standard and one that may be very difficult to combat. A raised voice or a raised had or any gesture that is interpreted as threatening may be used to claim that domestic abuse has occurred. This is problem is compounded for men who are often larger than women and perceived as more aggressive or stronger based on broad societal generalizations that may be reflected in the perceptions of law enforcement officer who make police reports and court room judges who render rulings.

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:

Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 22, 2019, 02:46:02 pm
@Cyber Liberty forgot to ping you to the above, bud!

 333cleo
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Bigun on August 22, 2019, 02:47:46 pm
@Bigun
@Sanguine
@roamer_1
@Smokin Joe

Here is another dirty little aspect about TROs that is also implicitly manifest Red Flag laws:

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:

Thanks @EdJames.  It is abundantly clear to me that this is a tar baby that we should not come within ten miles of!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Sanguine on August 22, 2019, 02:48:39 pm
@Bigun
@Sanguine
@roamer_1
@Smokin Joe

Here is another dirty little aspect about TROs that is also implicitly manifest in Red Flag laws:

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:

That's a problem.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 22, 2019, 02:49:04 pm
Thanks @EdJames.  It is abundantly clear to me that this is a tar baby that we should not come within ten miles of!

Indeed.  A filthy tar baby.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 02:57:11 pm
@Bigun
@Sanguine
@roamer_1
@Smokin Joe

Here is another dirty little aspect about TROs that is also implicitly manifest in Red Flag laws:

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:

TROs have indeed been weaponized, mainly by women because they are instantly believed.  It creates the inverted burden of proof within our legal system, and is exploited by anybody wanting the upper hand in life, starting with stripping a man of his property, and usually all friends and family as well.

Anybody who thinks a Red Flag law won't be weaponized as well is on crack.  "It's a feature, not a bug."

@Jazzhead, you insisted on making TROs part of the discussion, so now you can live with the fact you destroyed your own argument about how wonderful a Red Flag law would be.  Good work, you should have listened to me before dragging this out to 5 pages.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 02:59:07 pm
@Cyber Liberty forgot to ping you to the above, bud!

 333cleo

Thanks for the ping, @EdJames
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 03:06:19 pm
@Bigun
@Sanguine
@roamer_1
@Smokin Joe

Here is another dirty little aspect about TROs that is also implicitly manifest in Red Flag laws:

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:
I have seen it more than once. Big guy, works on oil rigs, can be as gentle as they come, but size and occupation matter, and perceptions by those who make assumptions about people based on their line of work.

There is a pervasive presumption that big, strong, people are violent. People who often speak loudly because they have suffered hearing damage working in a noisy environment, and where to be heard, you have to speak loudly--where safety and lives may depend on it.

There is a persistent perception that such people are violent by people who speak in hushed tones and often refer to others as "we", and who have never had a callus on their hands. There is a presumption that the woman is kind, honest and gentle, whereas the man is presumed to be deceitful and violent, and that presumption is endemic in the system.

If she asserts something, he has to prove otherwise, against a pervasive presumption of guilt.

In the meantime, while the sheriff's deputy will stand there and watch him remove his underwear from the drawer as he packs what they let him take, he better hope she doesn't have the combination or key to his gun safe or she and the new boyfriend will sell them off while he is locked out of the house he risked his health, life, and limb to buy.

Hang the fact that her infidelity, already in full swing, just might be cause for him to raise his voice, or be upset. After all, she's pushing his buttons, now, unless he has the sense to not play into that.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 22, 2019, 03:07:58 pm
Here is another dirty little aspect about TROs that is also implicitly manifest in Red Flag laws:

(From the same link in the above post.)

Someone fears that harm may come....  no harm actually has to have been committed....

Is it a crime for a man to slam his fist down on his coffee table in his home?

Is it a crime for a woman to throw her glass pitcher across her kitchen and smash it on her wall?


Obviously not, however both are deemed "legitimate" causes of "fear of harm."

 :pondering:

TRUE.
I swear, @EdJames , there must be a course and a handbook, because my ex blew out the stops and tried everything you can think of against me in our divorce - To include applying for TRO, claiming violence against her, and the children.

Fortunately for me, the standard here appears to be 'imminent harm' and requires proof - More than just testimony. Had I ever thumped on her, or the kids, I am sure she'd have got her way. But even given my rowdy past, there was never a time that I was violent except in defending myself or others against violence.

Gratefully, she was denied. In that, and every other attempt to take my shit and cut me off from my kids. But she sure enough tried. Over and over and over again.

I am not against TRO - I think it has a purpose. A woman beat half to death has little reason to claim other than the one who did it to her, and she obviously needs protection. In fact, the TRO does nothing to actually protect her, but if it is violated, it goes to the guilt of the perpetrator, and can serve to lock him in the can after the fact of the violation.

But to say it is not full of rampant abuse would be naive. In fact, I know personally some folks that were not as lucky as I was. If you have ever been convicted of an assault charge, as a instance, you are just screwed, guaranteed, regardless of the circumstances. And around here anyway, it is not uncommon for a man to have committed assault in his youth. Because of that one mistake, some thirty years ago, a woman can use the county and the state to grind him to dust.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 22, 2019, 03:15:52 pm
Anybody who thinks a Red Flag law won't be weaponized as well is on crack.  "It's a feature, not a bug."


That's right.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 22, 2019, 04:16:16 pm
. . .  so now you can live with the fact you destroyed your own argument about how wonderful a Red Flag law would be. 

@Cyber Liberty ,  I am not here to conduct rhetorical warfare,  but to have a discussion.    I am not claiming red flag laws and laws permitting TROs are "wonderful",  but that one cannot in principle support one without supporting the other.    They are both variations on the same theme -  to address an emergency situation by preserving the status quo for a limited period of time so that the courts can properly adjudicate the matter in accordance with the Constitutional requirement of due process.   

Contrary to @roamer_1 's assertion,  TROs and red flag laws do not differ in that the former address situations where actual crimes have been committed but the latter do not.   No,  both address emergency situations -  credible threats of future harm.   Again,  the lack of "due process" when granting a TRO or a temporary sequestration of a firearm is due entirely to the reality of the impending alleged emergency.  Due process is delayed, but it is not denied.    

You and,  I believe, others have declined to denounce TROs while insisting that red flag laws are beyond the pale.    That, sir, is hypocrisy.    Either you favor both devices to address emergencies,  or you denounce both and insist that proactive deprivations of liberty have no place under the Constitution, even in the face of potential grievous harm.    But to acknowledge the efficacy and legality of temporary restraints on liberty in response to emergency while opposing temporary sequestrations of dangerous property in similar circumstances is to "destroy" the moral underpinnings of your opposition to red flag laws.   You oppose such laws not out of principle but selfishness.   Yet another example of "rules for thee  but not for me".   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 04:22:31 pm
@Cyber Liberty ,  I am not here to conduct rhetorical warfare,  but to have a discussion.    I am not claiming red flag laws and laws permitting TROs are "wonderful",  but that one cannot in principle support one without supporting the other.    They are both variations on the same theme -  to address an emergency situation by preserving the status quo for a limited period of time so that the courts can properly adjudicate the matter in accordance with the Constitutional requirement of due process.   

Contrary to @roamer_1 's assertion,  TROs and red flag laws do not differ in that the former address situations where actual crimes have been committed but the latter do not.   No,  both address emergency situations -  credible threats of future harm.   Again,  the lack of "due process" when granting a TRO or a temporary sequestration of a firearm is due entirely to the reality of the impending alleged emergency.  Due process is delayed, but it is not denied.    

You and,  I believe, others have declined to denounce TROs while insisting that red flag laws are beyond the pale.    That, sir, is hypocrisy.    Either you favor both devices to address emergencies,  or you denounce both and insist that proactive deprivations of liberty have no place under the Constitution, even in the face of potential grievous harm.    But to acknowledge the efficacy and legality of temporary restraints on liberty in response to emergency while opposing temporary sequestrations of dangerous property in similar circumstances is to "destroy" the moral underpinnings of your opposition to red flag laws.   You oppose such laws not out of principle but selfishness.   Yet another example of "rules for thee  but not for me".   

Old expression, as true today as when it was first coined in antiquity: "Justice delayed is Justice denied."  The rest of your post is just an attempt to deny you pwned yourself.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 22, 2019, 04:23:22 pm
Quote
Due process is delayed, but it is not denied.

And that's somehow ok with you?
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 04:26:26 pm
And that's somehow ok with you?

He's equally OK with charging the victim of delayed/denied Justice attorney and court costs in attempting to right the wrong.  It's not his money, and it benefits lawyers' pocketbooks. 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 22, 2019, 04:28:28 pm
He's equally OK with charging the victim of delayed/denied Justice attorney and court costs in attempting to right the wrong.  It's not his money, and it benefits lawyers' pocketbooks.

Every day...that veil he wears to hide his Liberalism slips just a little more.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 22, 2019, 05:03:26 pm
And that's somehow ok with you?

It is better than taking no action and letting a dangerous individual keep his firearms and bring them to bear to shoot up a family or school.   

The world is not perfect.  Sometimes, in an emergency,  you have to diffuse the situation first,  and sort it all out later.   

I continue to be surprised at the reflexive opposition to red flag laws.   Among the "gun control" measures being currently touted,  they alone are directed at the nut who fires the gun, not just guns in general.   The old saw is that guns don't kill people, people kill people.   Well,  fine - but then you resist even measures targeted at the people who kill people,  just because they involve the precious subject of guns. 

Selfishness, pure selfishness.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 22, 2019, 05:06:47 pm
My wife and I have US Law Shield

That's a good one as well.  California, Washington State and New York State helped to drive the NRA out of providing these services by declaring them "murder insurance" and therefore illegal.

I'm sure given time...U.S. Law Shield and and USCCA will have to defend themselves from the same kinds of claims.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 22, 2019, 05:07:04 pm
He's equally OK with charging the victim of delayed/denied Justice attorney and court costs in attempting to right the wrong.  It's not his money, and it benefits lawyers' pocketbooks.

Why do you accuse me of advocating a position because it will "benefit lawyers' pocketbooks"?   Are you incapable of conducting a discussion in good faith?   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 05:13:19 pm
Why do you accuse me of advocating a position because it will "benefit lawyers' pocketbooks"?   Are you incapable of conducting a discussion in good faith?

:happyhappy:

Look who's talking!
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: txradioguy on August 22, 2019, 05:16:25 pm
It is better than taking no action and letting a dangerous individual keep his firearms and bring them to bear to shoot up a family or school.

That's different than the case we're talking about here.  There was no imminent danger no one was going to be harmed.

And has been pointed out since you decided to bring TRO's to a Red Flag discussion these kinds of restraining orders are abused on a regular basis with false accusations and allegations just because someone doesn't like someone else.

And here you are...defending the abuses...justifying a "delay" of due process as a "necessary evil".   

BTW...who gets to determine how long my 4th Amendment rights are "delayed"?

Quote
The world is not perfect.  Sometimes, in an emergency,  you have to diffuse the situation first,  and sort it all out later. 


That's a line used in every cop show on tv...right before the judge tosses the case because the defendants due process rights were "delayed".

Bravo.

Quote
I continue to be surprised at the reflexive opposition to red flag laws.   Among the "gun control" measures being currently touted,  they alone are directed at the nut who fires the gun, not just guns in general.   The old saw is that guns don't kill people, people kill people.   Well,  fine - but then you resist even measures targeted at the people who kill people,  just because they involve the precious subject of guns.

It's not reflexive counselor...it's a group of people here who have a better grasp of the Second Amendment than you do.  It doesn't take a JD to understand what is Constitutional and what isn't.

"tis much more Prudence to acquit two Persons, tho’ actually guilty, than to pass Sentence of Condemnation on one that is virtuous and innocent." - Voltaire

You want to punish the masses the millions of legal gun owners to stop what?  Less than 1 percent of the population who might do something wrong with a gun?

Tell me counselor...how do any of these laws or limitations on my right to keep and bear arms do anything al all to stop criminals from using guns?  How would they have prevented that six time convicted felon drug dealer in Philly from shooting six cops.

Answer me that.

Quote
Selfishness, pure selfishness.   

On your part...yes it most certainly is.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: roamer_1 on August 22, 2019, 06:45:24 pm
I continue to be surprised at the reflexive opposition to red flag laws.   Among the "gun control" measures being currently touted,  they alone are directed at the nut who fires the gun, not just guns in general.   The old saw is that guns don't kill people, people kill people.   Well,  fine - but then you resist even measures targeted at the people who kill people,  just because they involve the precious subject of guns. 

Selfishness, pure selfishness.   

No they are not @Jazzhead , they are pointed at guns too with even more specificity, leaving the nutcase free as a bird.

And then all you need to do is control the decider - Who it is that determines the danger - and then suddenly rubber-stamped confiscation is a reality.

SHALL NOT BE INFRINGED.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: verga on August 22, 2019, 08:34:50 pm
I continue to be surprised at the reflexive opposition to red flag laws.   Among the "gun control" measures being currently touted,  they alone are directed at the nut who fires the gun, not just guns in general.   The old saw is that guns don't kill people, people kill people.   Well,  fine - but then you resist even measures targeted at the people who kill people,  just because they involve the precious subject of guns. 

Selfishness, pure selfishness.   
I try not the read your drivel but his requires a direct response, because you are a special kind of stupid.
Every single state (Read: EVERY SINGLE STATE) has involuntary confinement laws, do you understand that EVERY state. There is no need for a federal law of any kind. Combine those with your precious TRO's and life is good. It is not responsible gun owners fault if other people are too chicken shit to use them and we should not be punished for their cowardice. So for once do the smart thing and shit down and STFU.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 09:13:24 pm
It is better than taking no action and letting a dangerous individual keep his firearms and bring them to bear to shoot up a family or school.   

The world is not perfect.  Sometimes, in an emergency,  you have to diffuse the situation first,  and sort it all out later.   

I continue to be surprised at the reflexive opposition to red flag laws.   Among the "gun control" measures being currently touted,  they alone are directed at the nut who fires the gun, not just guns in general.   The old saw is that guns don't kill people, people kill people.   Well,  fine - but then you resist even measures targeted at the people who kill people,  just because they involve the precious subject of guns. 

Selfishness, pure selfishness.   
You seem to be missing that posting any threat to engage in such nefarious acts is a crime in and of itself.
Making credible threats to engage in such mayhem is a crime. Conspiring with anyone else to do so is a crime.
QED, you have the means to stop such maniacs, who are telegraphing their intent via the internet and other means--and are being stopped using current law.

Looking at the recent events, and even now, the interdiction of such proclaimed intent to engage in such activity, without red flag laws, indicates that current laws are indeed adequate to the task if used.
Opening any Civil Right up to loss on the standard that someone says they think someone MIGHT maybe do something, is to eviscerate that right based on nothing more than gossip.
If someone once found a picture of you in your childhood wearing anything which might have indicated a sympathy (maybe a souvenir kepi or a t-shirt with a Confederate Battle Flag on it) toward the South during the Civil War, by today's standards, that would indicate racist sympathies, and you could be muzzled pending a hearing (at your expense) on whether or not you were going to engage in hate speech--after they took your keyboard away and injected botox into your vocal cords to keep you from saying racist things.

Essentially, that is how red flag laws treat gun owners.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 10:33:05 pm
You seem to be missing that posting any threat to engage in such nefarious acts is a crime in and of itself.
Making credible threats to engage in such mayhem is a crime. Conspiring with anyone else to do so is a crime.
QED, you have the means to stop such maniacs, who are telegraphing their intent via the internet and other means--and are being stopped using current law.

Looking at the recent events, and even now, the interdiction of such proclaimed intent to engage in such activity, without red flag laws, indicates that current laws are indeed adequate to the task if used.
Opening any Civil Right up to loss on the standard that someone says they think someone MIGHT maybe do something, is to eviscerate that right based on nothing more than gossip.
If someone once found a picture of you in your childhood wearing anything which might have indicated a sympathy (maybe a souvenir kepi or a t-shirt with a Confederate Battle Flag on it) toward the South during the Civil War, by today's standards, that would indicate racist sympathies, and you could be muzzled pending a hearing (at your expense) on whether or not you were going to engage in hate speech--after they took your keyboard away and injected botox into your vocal cords to keep you from saying racist things.

Essentially, that is how red flag laws treat gun owners.

Leftists are amazing.  They will see a law go unenforced, then conclude the problem is we need more laws.

 :banghead:
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: EdJames on August 22, 2019, 11:06:13 pm
TRUE.
I swear, @EdJames , there must be a course and a handbook, because my ex blew out the stops and tried everything you can think of against me in our divorce - To include applying for TRO, claiming violence against her, and the children.

Fortunately for me, the standard here appears to be 'imminent harm' and requires proof - More than just testimony. Had I ever thumped on her, or the kids, I am sure she'd have got her way. But even given my rowdy past, there was never a time that I was violent except in defending myself or others against violence.

Gratefully, she was denied. In that, and every other attempt to take my shit and cut me off from my kids. But she sure enough tried. Over and over and over again.

I am not against TRO - I think it has a purpose. A woman beat half to death has little reason to claim other than the one who did it to her, and she obviously needs protection. In fact, the TRO does nothing to actually protect her, but if it is violated, it goes to the guilt of the perpetrator, and can serve to lock him in the can after the fact of the violation.

But to say it is not full of rampant abuse would be naive. In fact, I know personally some folks that were not as lucky as I was. If you have ever been convicted of an assault charge, as a instance, you are just screwed, guaranteed, regardless of the circumstances. And around here anyway, it is not uncommon for a man to have committed assault in his youth. Because of that one mistake, some thirty years ago, a woman can use the county and the state to grind him to dust.

Yup, all divorce lawyers are well versed in it!

Also, most police departments have at least one "special" officer that is trained to handhold the plaintiff through the process, and can usually get a judge to grant the TRO within hours.....
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 22, 2019, 11:17:11 pm
Yup, all divorce lawyers are well versed in it!

Also, most police departments have at least one "special" officer that is trained to handhold the plaintiff through the process, and can usually get a judge to grant the TRO within hours.....
At some point the social serpents slither in and they are masters of prevarication and manipulation. Often outwardly attractive, well groomed, and demure seeming females, they are well versed in parsing swatting flies as threatening gestures and speaking loud enough to be heard as "shouting in a threatening manner".

Plenty of support for the accusers, little or none for the accused, and a really good attorney is hard to find.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 22, 2019, 11:58:01 pm
I like the idea of a reciprocal TRO rule:  If somebody files an exaggerated claim to get a TRO and it's rejected, then the complainant should have the TRO issued on them

Should be part of more laws.  Falsely claim a rape?  Prison time.  Falsely claim Sexual Harassment?  Punishment ranging from forced attendance in a "class" to forking over the large sum of cash that would have been awarded in a lawsuit.  SWATTING?  Death penalty.  As it is now, there is no consequence for filing a false report to get a TRO, so natch, it's used offensively.  Even a cave man can see that shit coming.

I sure am glad somebody prevailed over me to keep this TRO bullshit linked to a story about a fellow who got his guns grabbed because of an erroneous application of a Red Flag. 
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 23, 2019, 12:00:52 am
I like the idea of a reciprocal TRO rule:  If somebody files an exaggerated claim to get a TRO and it's rejected, then the complainant should have the TRO issued on them

Should be part of more laws.  Falsely claim a rape?  Prison time.  Falsely claim Sexual Harassment?  Punishment ranging from forced attendance in a "class" to forking over the large sum of cash that would have been awarded in a lawsuit.  SWATTING?  Death penalty.  As it is now, there is no consequence for filing a false report to get a TRO, so natch, it's used offensively.  Even a cave man can see that shit coming.

I sure am glad somebody prevailed over me to keep this TRO bullshit linked to a story about a fellow who got his guns grabbed because of an erroneous application of a Red Flag.
Actually, though it reeks of Hammurabi, I like it, too.
False accusers should have to bear the legal costs of the formerly accused and vindicated person(s) as well.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 23, 2019, 12:09:18 am
Actually, though it reeks of Hammurabi, I like it, too.
False accusers should have to bear the legal costs of the formerly accused and vindicated person(s) as well.

I learnt a new thing today!  I Goggled that, and got....

Quote
Hammurabi is best known for having issued the Code of Hammurabi, which he claimed to have received from Shamash, the Babylonian god of justice. Unlike earlier Sumerian law codes, such as the Code of Ur-Nammu, which had focused on compensating the victim of the crime, the Law of Hammurabi was one of the first law codes to place greater emphasis on the physical punishment of the perpetrator. It prescribed specific penalties for each crime and is among the first codes to establish the presumption of innocence. Although its penalties are extremely harsh by modern standards, they were intended to limit what a wronged person was permitted to do in retribution. The Code of Hammurabi and the Law of Moses in the Torah contain numerous similarities, but these are probably due to shared background and oral tradition, and it is unlikely that Hammurabi's laws exerted any direct impact on the later Mosaic ones.

https://en.wikipedia.org/wiki/Hammurabi
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 23, 2019, 12:14:49 am
I learnt a new thing today!  I Goggled that, and got....

https://en.wikipedia.org/wiki/Hammurabi
Yep!  "An eye for an eye" comes from that.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: InHeavenThereIsNoBeer on August 23, 2019, 12:20:36 am
I like the idea of a reciprocal TRO rule:  If somebody files an exaggerated claim to get a TRO and it's rejected, then the complainant should have the TRO issued on them

Should be part of more laws.  Falsely claim a rape?  Prison time.  Falsely claim Sexual Harassment?  Punishment ranging from forced attendance in a "class" to forking over the large sum of cash that would have been awarded in a lawsuit.  SWATTING?  Death penalty.  As it is now, there is no consequence for filing a false report to get a TRO, so natch, it's used offensively.  Even a cave man can see that shit coming.

I sure am glad somebody prevailed over me to keep this TRO bullshit linked to a story about a fellow who got his guns grabbed because of an erroneous application of a Red Flag.

A nice idea, but I doubt it would amount to anything.  First, you have to prove that something didn't happen, which is a much, much, higher bar than just arguing that there is insufficient proof that it did.  And then you have to prove that the false claim was malicious.

But I suppose having those laws in place, even if they led to few convictions, might scare off some from trying.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 23, 2019, 12:35:09 am
A nice idea, but I doubt it would amount to anything.  First, you have to prove that something didn't happen, which is a much, much, higher bar than just arguing that there is insufficient proof that it did.  And then you have to prove that the false claim was malicious.

But I suppose having those laws in place, even if they led to few convictions, might scare off some from trying.
With social media screenshots taken in the heat of passion, I think proof of malice would be easier.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Cyber Liberty on August 23, 2019, 01:02:46 am
With social media screenshots taken in the heat of passion, I think proof of malice would be easier.

People have a habit of boasting about their conquest when they succeed in using the law to screw someone over.  They do so in a place or manner where it can be overheard.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Smokin Joe on August 23, 2019, 02:06:03 am
People have a habit of boasting about their conquest when they succeed in using the law to screw someone over.  They do so in a place or manner where it can be overheard.
And documented, including boastful accounts of perjury. Screenshots of that should be sufficient to reopen a case--and bring charges, and allow for civil redress as well.
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 23, 2019, 10:25:17 am
I try not the read your drivel but his requires a direct response, because you are a special kind of stupid.
Every single state (Read: EVERY SINGLE STATE) has involuntary confinement laws, do you understand that EVERY state. There is no need for a federal law of any kind. Combine those with your precious TRO's and life is good. It is not responsible gun owners fault if other people are too chicken shit to use them and we should not be punished for their cowardice. So for once do the smart thing and shit down and STFU.

I'm pleased that you read my drivel,  but don't misunderstand - I don't advocate a federal red flag law.   Such laws, like most all gun regulation, should be at the state level.  The 2A protects the rights of states to maintain their citizen militias,  and Heller (and McDonald) directly address the ability of states to regulate the individual right.   

The proposed law that was the topic of a recent law doesn't impose a federal red flag law,  but would provide aid to states that enacted red flag laws with robust due process protections.   It is an attempt to ensure that, as states pass such laws in response to shootings by abusive spouses and nutjobs whipped up by on-line manifestos, the rights of gun owners are respected.   
Title: Re: Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
Post by: Jazzhead on August 23, 2019, 10:33:45 am
I like the idea of a reciprocal TRO rule:  If somebody files an exaggerated claim to get a TRO and it's rejected, then the complainant should have the TRO issued on them

Should be part of more laws.  Falsely claim a rape?  Prison time.  Falsely claim Sexual Harassment?  Punishment ranging from forced attendance in a "class" to forking over the large sum of cash that would have been awarded in a lawsuit.  SWATTING?  Death penalty.  As it is now, there is no consequence for filing a false report to get a TRO, so natch, it's used offensively.  Even a cave man can see that shit coming.

Conceptually,  I have no problem with that.  TROs and red flag laws can help prevent genuine harm, but like everyone here I condemn their abuse.

 Actually,  a better idea may be to provide for a loser-pays rule like what some European countries have.   Gun owners aren't the only targets of spurious lawsuits.   Let the loser in any civil lawsuit pay the legal bills of the winner.   With that risk to consider,  you'll see the amount of civil litigation cut in half overnight.   Or just get rid of contingency fees.   If you want to sue,  then pay your lawyer, not approach the process like an opportunity to win the lottery.