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NOTE! This is a real-time comments system. As such, it's also a free speech zone within guidelines set forth on the Post Comments page. Opinions expressed here may or may not reflect those of KeepAndBearArms staff, members, or any other living person besides the one who posted them. Please keep that in mind. We ask that all who post comments assure that they adhere to our Inclusion Policy, but there's a bad apple in every bunch, and we have no control over bigots and other small-minded people.  Thank you. --KeepAndBearArms.com

The Below Comments Relate to this Newslink:

NV: Lawsuit filed to prevent new "red flag" law in Nevada
Submitted by: Mark A. Taff
Website: http://www.marktaff.com

There is 1 comment on this story
Post Comments | Read Comments

 
NevadansCAN, a Citizens Action Network, has filed a lawsuit to prevent a new law containing a “Red Flag” provision from taking effect on January 1, 2020.

NevadansCAN argues Red Flag laws are unconstitutional and violate citizens’ rights to due process and the Second Amendment right to keep and bear arms.
 

Comment by: PHORTO (12/8/2019)
I don't think judges exceed their authority in issuing confiscation orders per se, but they DO exceed their authority when doing so ex parte. It doesn't take a jury to decide, but it does require both sides being heard and presenting evidence.

Reasonable suspicion isn't probable cause, and that is the problem with these laws. The 4th Amendment mandates that arrest, search and seizure warrants may only issue upon probable cause of a crime, not of the possibility of a future crime, alleged without corroboration.

This isn't razor-edge parsing, either. There either IS probable cause, or there ISN'T.

And a mere allegation, ISN'T.
 

 QUOTES TO REMEMBER
"There's no legitimate use for a gun like this." --Chicago Police Superintendent Philip Cline, brandishing a 9mm semiautomatic handgun at a news conference (Chicago Tribune, "Special unit hauling in guns, drugs" by Glenn Jeffers, January 29, 2004)

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