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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(10/10/2020)
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"It’s a process that can be readily abused.”
The very existence of the law is an abuse, because normal due process isn't mandated.
All due process protections must be followed BEFORE any firearms are seized, which means an adversarial hearing wherein the respondent has the opportunity to abut the allegations. Red flag laws put the cart before the horse.
Since these are civil actions, they facially appear to be outside 4th, 5th, 6th, 8th and 14th Amendment prohibitions. But when a civil action exacts a penalty indistinguishable from that imposed by a criminal action, they must be viewed in that light, and bound by the same due process protections. |
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QUOTES
TO REMEMBER |
I have seen an American general and his officers, without pay, and almost without clothes, living on roots and drinking water; and all for LIBERTY! What chance have we against such men! -- young British officer to Colonel Watson describing the American militia rebels in Georgetown, SC [Source: 'Marion, The Life of Gen. Francis Marion' by M. L. Weems, Ch.18] |
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