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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 |
We'll take one step at a time, and the first is necessarily - given the political realities - very modest. We'll have to start working again to strengthen the law, and then again to strengthen the next law and again and again. Our ultimate goal, total control of handguns, is going to take time. The first problem is to slow down production and sales. Next is to get registration. The final problem is to make possession of all handguns and ammunition (with a few exceptions) totally illegal. — Pete Shields, founder of Handgun Control, Inc., New Yorker Magazine, June 26, 1976, pg. 53 |
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