New York Red Flag Law Ruled Unconstitutional

[Stoveman]

State judge but it's a start.

 

[swinokur]

The hits just keep on coming. Bury these statist worms

 

[welder516]

I wish today we had a like button. LIKE

 

[mauser58]

I wish today we had a like button. LIKE

Im right with you. Nice to have a like button like other sites do.

 

[Doctor_M]

It is great to see this, but as many wins as we get, the tyrants seem to keep finding new ways to infringe. It's like playing whack-a-mole.

 

[whistlersmother]

It is great to see this, but as many wins as we get, the tyrants seem to keep finding new ways to infringe. It's like playing whack-a-mole.

Perhaps changing what/who is the mole would be more helpful?

 

[jc1240]

It is great to see this, but as many wins as we get, the tyrants seem to keep finding new ways to infringe. It's like playing whack-a-mole.

I’m sure the tyrants will start playing games with ammo soon. Make it painful to buy.

 

[spoon059]

They are unconstitutional and unnecessary. These laws are for people who are emotionally disturbed and a threat to themselves or others.

There is already a mechanism in place for those people. In Maryland it's called an Emergency Evaluation Petition or EEP. If you are a danger to yourself or others, family members or law enforcement can EEP you. A doctor has to evaluate you and determine if you need to be hospitalized (you are a danger) or released (you are NOT a danger).

The problem is, doctors are releasing most of these people who are having an acute crisis, putting them right back on the street, often the same day. If the state actually properly implemented the EEP, there would be zero need for the red flag nonsense. Obviously liberal lawmakers prefer stripping as many gun rights as possible, so they have no incentive to fix the mental health laws. Ideally, a judge would see the catch-22 and tell the lawmakers to fix the underlying issue (mental health law and care reform) and get rid of the unconstitutional red flag atrocious.

Sent from my SM-N970U1 using Tapatalk

 

[4g64loser]

They are unconstitutional and unnecessary. These laws are for people who are emotionally disturbed and a threat to themselves or others.

There is already a mechanism in place for those people. In Maryland it's called an Emergency Evaluation Petition or EEP. If you are a danger to yourself or others, family members or law enforcement can EEP you. A doctor has to evaluate you and determine if you need to be hospitalized (you are a danger) or released (you are NOT a danger).

The problem is, doctors are releasing most of these people who are having an acute crisis, putting them right back on the street, often the same day. If the state actually properly implemented the EEP, there would be zero need for the red flag nonsense. Obviously liberal lawmakers prefer stripping as many gun rights as possible, so they have no incentive to fix the mental health laws. Ideally, a judge would see the catch-22 and tell the lawmakers to fix the underlying issue (mental health law and care reform) and get rid of the unconstitutional red flag atrocious.

Sent from my SM-N970U1 using Tapatalk

Good posting.

Someone I know fit this mold. She had psychoactive meds changed by a (very stupid) doctor and did something VERY out of character in front of witnesses. Police involvement. She surrendered her guns and went into hospital for three day observational period. Fortunately, the docs at the hospital figured out the mistake the first doc made and it was rapidly corrected. This is a success story, ultimately. She wasn't in crisis; she was a victim of medical stupidity.

Unfortunately, many in crisis don't meet markers or never receive help. Even more unfortunately, law enforcement ends up in the middle of the issue and it drains available manpower as well as putting them into roles for which they are not well equipped. A WV deputy told me that he had hooked up the same guy a number of times in the same place for the same petty crime. He knew the guy was a vet (and so was the deputy) after the first arrest and had called the VA in Mburg, offering to bring the man straight there. His offer was rebuffed. Told to take him to jail.

More on topic, red flags need to get an absolute NO at the federal level. They violate the basic principles of the judicial system as it is outlined in the constitution.

 

[owldo]

It is great to see this, but as many wins as we get, the tyrants seem to keep finding new ways to infringe. It's like playing whack-a-mole.

There should be criminal penalties for creating unlawful laws !

 

[adit]

Another case.

The ruling: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ezuihhpaiX22kcVZfB8iZQ==

 

[Doco Overboard]

They are unconstitutional and unnecessary. These laws are for people who are emotionally disturbed and a threat to themselves or others.

There is already a mechanism in place for those people. In Maryland it's called an Emergency Evaluation Petition or EEP. If you are a danger to yourself or others, family members or law enforcement can EEP you. A doctor has to evaluate you and determine if you need to be hospitalized (you are a danger) or released (you are NOT a danger).

The problem is, doctors are releasing most of these people who are having an acute crisis, putting them right back on the street, often the same day. If the state actually properly implemented the EEP, there would be zero need for the red flag nonsense. Obviously liberal lawmakers prefer stripping as many gun rights as possible, so they have no incentive to fix the mental health laws. Ideally, a judge would see the catch-22 and tell the lawmakers to fix the underlying issue (mental health law and care reform) and get rid of the unconstitutional red flag atrocious.

Sent from my SM-N970U1 using Tapatalk

Just like the virus, it’s a way for medical professionals to legislate and another path for school boards to shut people up/ back door legislate.

 

[Stoveman]

Angrier Shamblee is going to be HEAVY into the Cardbordeaux tonight....

 

[BeoBill]

Did the Justice Department Illegally Fund Red Flag Laws?

redstate.com

 

[pcfixer]

Did the Justice Department Illegally Fund Red Flag Laws?

redstate.com

From Bruen 20-843

New York’s proper-cause requirement as a “sensitive-place” law. In their view, “sensitive places” where the government may lawfully disarm law-abiding citizens include all “places where people typically congregate and where law-enforcement and other public-safety professionals are presumptively available.”
HERE..

Moreover, Heller and McDonald expressly rejected the application of any “judge-empowering ‘interest-balancing inquiry’ that ‘asks whether the statute burdens a protected interest in a way or to an extent that is out of proportion to the statute’s salutary effects upon other important governmental interests.’” Heller, 554 U. S., at 634 (quoting id., at 689–690