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Daily Caller... Graham's red flag bill


TRJ

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GOA-PVF emailed me on this:

Mark,

Spineless Lindsey Graham has taken the first step to pass RED FLAG LAWS which would let law enforcement confiscate your firearms without any due process.

Gun Owners of America promises to fight back against this attempt to destroy the Second Amendment.

...But we also promise to target any politician complicit in this assault on your God-given rights come election season.

You might think it’s too early to start thinking about elections, but the anti-gun Left is already in full-campaign mode.

We need to protect our allies in Congress, as they are already being targeted by the anti-gun Bloomberg-machine.

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Just playing devil's advocate here, as many keep saying this is unconstitutional, no due process, etc. Do you feel the same about our justice system in general?

 

The initial order to relinquish your firearms is like being arrested for committing a crime.

 

The first hearing where a judge rules that there is sufficient evidence to continue the revocation is like an arraignment where a judge decides if there is enough evidence to move forward with charges.

 

The hearing where someone must prove the red flag was substantiated is like your trial. If they win at the first, you lose your guns for a period of time, such as if you're found guilty you lose your freedom for a period of time.

 

Just puttin' that out there.

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Just playing devil's advocate here, as many keep saying this is unconstitutional, no due process, etc. Do you feel the same about our justice system in general?

 

The initial order to relinquish your firearms is like being arrested for committing a crime.

 

The first hearing where a judge rules that there is sufficient evidence to continue the revocation is like an arraignment where a judge decides if there is enough evidence to move forward with charges.

 

The hearing where someone must prove the red flag was substantiated is like your trial. If they win at the first, you lose your guns for a period of time, such as if you're found guilty you lose your freedom for a period of time.

 

Just puttin' that out there.

It is everything *EXCEPT* like a trial. Due Process requires certain things:

* The right to assist in your own defense

* The right to an attorney to assist you and protect your rights

* The right to confront your accuser

* The right to cross examine witnesses

* The right to be compensated for seized items

 

 

Without these things - and more - it is as unconstitutional an act as we've seen in recent years. The ex parte portions will be destroyed if/ when it reaches SCOTUS. If there is "clear and convincing evidence" as most red flag statutes claim, then that should be sufficient for a warrant...and for due process to be respected. Absent that, and the thought police will rule.

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Just playing devil's advocate here, as many keep saying this is unconstitutional, no due process, etc. Do you feel the same about our justice system in general?

 

The initial order to relinquish your firearms is like being arrested for committing a crime.

 

The first hearing where a judge rules that there is sufficient evidence to continue the revocation is like an arraignment where a judge decides if there is enough evidence to move forward with charges.

 

The hearing where someone must prove the red flag was substantiated is like your trial. If they win at the first, you lose your guns for a period of time, such as if you're found guilty you lose your freedom for a period of time.

 

Just puttin' that out there.

It is everything *EXCEPT* like a trial. Due Process requires certain things:

* The right to assist in your own defense

* The right to an attorney to assist you and protect your rights

* The right to confront your accuser

* The right to cross examine witnesses

* The right to be compensated for seized items

 

 

Without these things - and more - it is as unconstitutional an act as we've seen in recent years. The ex parte portions will be destroyed if/ when it reaches SCOTUS. If there is "clear and convincing evidence" as most red flag statutes claim, then that should be sufficient for a warrant...and for due process to be respected. Absent that, and the thought police will rule.

 

AKA "Minority Report".

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