https://www.ammoland.com/2019/08/fp...rights-victory-in-federal-court/#azz5wl2rF3Y2
Mental health evaluation requires due process.
Mental health evaluation requires due process.
Mental Health evaluation not permanent prohibition
- Thread starter Not_an_outlaw
- Start date
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danb
dont be a dumbass
Red Flag laws are coming to a state near you. It will be imperative that courts maintain due process.
I think the red flag laws are going to go away pretty quickly. I can't imagine courts not calling out the glaring lack of due process.
I wish that I had your faith in the jurisprudence system. A vast majority of judges have become politically motivated hacks. I'm afraid that I've lost faith in the system to consistently do the right thing.
Don't be so sure.
The pressure on red flag laws, will force government to take the next step about adjudicating people as mentally defective.
lowoncash
Baned
False red flag reports should carry a SEVERE penalty. It is after all a form of terrorism, extortion and hatred. Proponents of red flag laws will whine that people will be reluctant to report but that’s the idea. Reporting is not a frivolous matter. It has profound effects whether justified or not. Reporting circumvents due process.
If anyone has the skills a bill needs to be written and shopped to the Maryland legislature for sponsorship. While such a bill would probably meet stiff resistance in Maryland the opponents would be voting against protecting due process and for non credible reporters. I see it as a lose lose for red flag gun grabbers.
If anyone has the skills a bill needs to be written and shopped to the Maryland legislature for sponsorship. While such a bill would probably meet stiff resistance in Maryland the opponents would be voting against protecting due process and for non credible reporters. I see it as a lose lose for red flag gun grabbers.
danb
dont be a dumbass
Name one gun control idea that has gone away quickly. ONE.
I think most judges recognize that applying the Constitution to laws is their primary goal, not appeasing the public.
That said, red flag-ish laws could be made to work. Not it their current form, however.
I agree.
I see Red Flag laws placing an undue burden where a person has to defend themselves twice. Once before a hearing, and then the mentally defective adjudication hearing.
danb
dont be a dumbass
You mean like most judges recognize that the HQL is an infringement, or that semi-automatic rifles are protected? These are the same ones?
Red flag laws wont "go away." Judges will probably restrict them to make sure that due process is followed and appropriate evidence is produced, but if and only if the Supreme Court reiterates that its serious that the 2nd amendment is an individual right on par with the others.
You mean like most judges recognize that the HQL is an infringement, or that semi-automatic rifles are protected? These are the same ones?
Red flag laws wont "go away." Judges will probably restrict them to make sure that due process is followed and appropriate evidence is produced, but if and only if the Supreme Court reiterates that its serious that the 2nd amendment is an individual right on par with the others.
They can do mental gymnastics to make the HQL work in their minds. Leaving due process out of a government action applying to an enumerated right which deprives someone of that right is a tougher sell. Laugh all you want, I think this is a hard thing to justify. If lower courts find they are constitutional, higher courts will spank their pee-pee.
danb
dont be a dumbass
If judges can do mental gymnastics for the HQL, they can do it for red flag laws.
The fundamental problem remains that most judges still do not accept gun ownership as a fundamental enumerated right. That's how we end up with the 2nd circuit blessing NYC ridiculous gun control scheme.
However in this particular instance, the central issue isn't guns, it's due process. The very cornerstone of our justice system. That's the difference.
Did you read the link?
- Nov 11, 2009
- 30,877
The Law is subject to the interpretations and political preferences of elected State's Attorneys.
Politicians pander to voters.
As ever, you get the best justice you can afford.
These are basic rules, seldom contravened.
Politicians pander to voters.
As ever, you get the best justice you can afford.
These are basic rules, seldom contravened.
^^^This^^^ is why it is so important for there to be civil remedies for abuse of process for Red Flag, not just criminal penalties. 42 U.S.C. § 1983 could serve as an example for how to implement that liability in Federal and State statute.
pcfixer
Ultimate Member
https://www.bing.com/videos/search?...77ADFD729F0FA4B3794D77ADFD729F0F&&FORM=VDRVRV
Listen to the whole video.
Lindsey Graham speaks about importance of Reg Flag Laws after recent mass shootings
Listen to the whole video.
Lindsey Graham speaks about importance of Reg Flag Laws after recent mass shootings
Sure, after a decade or five,,,
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