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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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TO REMEMBER |
| There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787) |
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