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.
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 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 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.
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.
Name one gun control idea that has gone away quickly. ONE.
That said, red flag-ish laws could be made to work. Not it their current form, however.
I think most judges recognize that applying the Constitution to laws is their primary goal, not appeasing the public.
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.
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.
The courts have upheld challenges where one brief commitment in an institution years ago is enough to permanently bar a person from owning guns.
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.
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.