SAF launches capture the flag project

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,489
    Westminster USA
    IMG_0639.png

    SAF LAUNCHES ‘CAPTURE THE FLAG’

    EFFORT TO CHALLENGE ‘RED FLAG’ LAWS




    BELLEVUE, WA – Two days after filing a federal lawsuit challenging a so-called “Red Flag” law in Maryland, the Second Amendment Foundation is announcing the launch of a new project to take subsequent legal actions against similar laws in several states.



    This new initiative is called “Capture the Flag,” and it will focus on abuses and mis-application of “Extreme Risk Protection Order (ERPO)” statutes which have been adopted by 21 states and the District of Columbia.



    “SAF’s ‘Capture the Flag’ initiative looks to challenge these laws that deprive individuals of their right to keep and bear arms, where appropriate, based on evidentiary standards that are constitutionally impermissible,” explained SAF Executive Director Adam Kraut, who is a practicing civil rights attorney.



    Kraut said the project will initially focus on “Red Flag” laws in six states: California, Florida, Maryland, Massachusetts, New Jersey and Washington.



    “SAF has been concerned about these statutes since they first started showing up,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “We have already taken legal action against officials in Maryland for an egregious abuse of the law against a citizen in Dorchester County. But all of these laws should raise alarms because they prioritize citizen disarmament ahead of due process, and that can easily lead to deprivation of rights under color of law.”



    Kraut said the fundamental flaw in all of these laws is that they essentially consider people guilty until they prove themselves innocent, a concept diametrically opposed to the way our criminal justice system is supposed to work, where the burden of proof is on the state, not the individual.



    “When any citizen is unjustly deprived of his or her rights, it is an affront to all of us,” Kraut observed, “and we must do whatever we can to prevent it, including challenging such laws in federal court. ‘Capture the Flag’ provides the means for us to seek out such cases and take appropriate action.”



    SAF encourages individuals residing in California, Florida, Maryland, Massachusetts, New Jersey, or Washington that have been subject to a baseless, groundless and unsubstantiated ERPO to contact the organization by sending an email to info@saf.org with information regarding the circumstances surrounding the petition, order, and outcome.



    The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
     
    Last edited:

    RFBfromDE

    W&C MD, UT, PA
    MDS Supporter
    Aug 21, 2022
    12,745
    The Land of Pleasant Living
    "Kraut said the fundamental flaw in all of these laws is that they essentially consider people guilty until they prove themselves innocent, a concept diametrically opposed to the way our criminal justice system is supposed to work, where the burden of proof is on the state, not the individual.

    “When any citizen is unjustly deprived of his or her rights, it is an affront to all of us,” Kraut observed, “and we must do whatever we can to prevent it, including challenging such laws in federal court."

    I remember the ACLU making such arguments. :(
     

    Afrikeber

    Ultimate Member
    Jan 14, 2013
    6,739
    Urbana, Md.
    "Kraut said the fundamental flaw in all of these laws is that they essentially consider people guilty until they prove themselves innocent, a concept diametrically opposed to the way our criminal justice system is supposed to work, where the burden of proof is on the state, not the individual.

    “When any citizen is unjustly deprived of his or her rights, it is an affront to all of us,” Kraut observed, “and we must do whatever we can to prevent it, including challenging such laws in federal court."

    I remember the ACLU making such arguments. :(
    The ACLU has long been partisan. I would be ok if they addressed ALL citizens being abused by the criminal justice system but we all know they are now extremist liberals that have long lost their ability to see past politics.

    My money is with SAF and MSI.
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    The Truth About Guns did an article on Mr. Willey of Dorchester County...it just a came across my Facebook feed...


    ****
    The Second Amendment Foundation and one of its members, Donald S. Willey, a 64-year-old Marine Corps veteran, have filed a federal lawsuit challenging the so-called “red flag” law enacted by the State of Maryland five years ago.

    The lawsuit was filed in U.S District Court for the District of Maryland, Northern Division. Defendants are Maryland Attorney General Anthony G. Brown, Dorchester County, Dorchester County Planning and Zoning Director Susan E. Webb, and Dorchester County Sheriff James W. Phillips. All three are sued in their official capacities, and Webb is also being sued personally.

    SAF and Willey are represented by attorneys Edward Andrew Paltzik and Serge Krimnus of the Bochner PLLC law firm in New York City.


    According to the federal complaint, for almost two decades Dorchester County authorities have “relentlessly pursued Willey for de minimis nuisance and zoning infractions.” More than two years ago, Webb allegedly stepped up the effort by accusing Willey of operating an illegal business on his property, leaving his yard in poor condition and for an “unpermitted disturbance to a 100-foot tidewater buffer.” These complaints were ultimately withdrawn, resulting in a consent order regarding the alleged condition of Willey’s yard.

    Earlier this year, one of Webb’s inspectors entered Willey’s property to conduct a compliance inspection, culminating with Webb issuing new notices for Willey to make other improvements. Several days later, Webb and one of her inspectors visited Willey’s property without advance notice, as required by the consent order. At that time, Webb allegedly berated Willey before “violently” affixing Notices of Violation to a fiberglass cover on his boat, damaging the boat cover.

    Webb subsequently filed for an Extreme Risk Protective Order (“ERPO”) to have Willey’s firearms and ammunition confiscated, alleging threats, which Willey steadfastly denies. The complaint accuses Webb of committing perjury resulting in seizure of Willey’s firearms and ammunition and forcing Willey to endure a humiliating involuntary mental health evaluation. The lawsuit alleges Willey’s constitutional rights were violated for nearly two weeks, after which his firearms were returned.

    “This is the sort of nonsense we have repeatedly warned about,” said SAF founder and Executive Vice President Alan M. Gottlieb. “These so-called ‘red flag laws’ can be abused and weaponized against private citizens who have done nothing wrong. It is an outrage.”

    Likewise, SAF Executive Director Adam Kraut said, “Red flag laws are based on the inherently Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred. Such laws authorize seizure and punishment for a crime nobody committed but which could occur at some place and time in the future. This may work in a science fiction movie, but should not be allowed in real life.”
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,301
    The Truth About Guns did an article on Mr. Willey of Dorchester County...it just a came across my Facebook feed...


    ****
    The Second Amendment Foundation and one of its members, Donald S. Willey, a 64-year-old Marine Corps veteran, have filed a federal lawsuit challenging the so-called “red flag” law enacted by the State of Maryland five years ago.

    The lawsuit was filed in U.S District Court for the District of Maryland, Northern Division. Defendants are Maryland Attorney General Anthony G. Brown, Dorchester County, Dorchester County Planning and Zoning Director Susan E. Webb, and Dorchester County Sheriff James W. Phillips. All three are sued in their official capacities, and Webb is also being sued personally.

    SAF and Willey are represented by attorneys Edward Andrew Paltzik and Serge Krimnus of the Bochner PLLC law firm in New York City.


    According to the federal complaint, for almost two decades Dorchester County authorities have “relentlessly pursued Willey for de minimis nuisance and zoning infractions.” More than two years ago, Webb allegedly stepped up the effort by accusing Willey of operating an illegal business on his property, leaving his yard in poor condition and for an “unpermitted disturbance to a 100-foot tidewater buffer.” These complaints were ultimately withdrawn, resulting in a consent order regarding the alleged condition of Willey’s yard.

    Earlier this year, one of Webb’s inspectors entered Willey’s property to conduct a compliance inspection, culminating with Webb issuing new notices for Willey to make other improvements. Several days later, Webb and one of her inspectors visited Willey’s property without advance notice, as required by the consent order. At that time, Webb allegedly berated Willey before “violently” affixing Notices of Violation to a fiberglass cover on his boat, damaging the boat cover.

    Webb subsequently filed for an Extreme Risk Protective Order (“ERPO”) to have Willey’s firearms and ammunition confiscated, alleging threats, which Willey steadfastly denies. The complaint accuses Webb of committing perjury resulting in seizure of Willey’s firearms and ammunition and forcing Willey to endure a humiliating involuntary mental health evaluation. The lawsuit alleges Willey’s constitutional rights were violated for nearly two weeks, after which his firearms were returned.

    “This is the sort of nonsense we have repeatedly warned about,” said SAF founder and Executive Vice President Alan M. Gottlieb. “These so-called ‘red flag laws’ can be abused and weaponized against private citizens who have done nothing wrong. It is an outrage.”

    Likewise, SAF Executive Director Adam Kraut said, “Red flag laws are based on the inherently Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred. Such laws authorize seizure and punishment for a crime nobody committed but which could occur at some place and time in the future. This may work in a science fiction movie, but should not be allowed in real life.”
    There is a thread on this lawsuit in the Maryland 2A section here is a link
     

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