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The
Below Comments Relate to this Newslink:
NY: Locals flag new gun law
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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At last week’s meeting of the Public Safety Committee of the Yates County Legislature, District Attorney Todd Casella shared concerns about the newly enacted state Red Flag law, particularly; the risks law enforcement will face in trying to carry out court orders to seize firearms, the liability the county will face in possible lawsuits, and the logistical matter of storing seized weapons.
The essence of the law will permit family members, teachers, school administrators, and prosecutors to seek court orders to seize guns, according to information from Gov. Andrew Cuomo’s statement during the Feb. 25 signing of the law.
“It seems this is another law that’s not well thought out,” said Casella. |
| Comment by:
Stripeseven
(3/14/2019)
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| The U. S. Constitution provides: "No person shall...be deprived of life, liberty, or property, without due process of law. |
| Comment by:
PHORTO
(3/14/2019)
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Stripeseven - EXACLY!
Unless you enshrine due process guarantees in the text of the law itself, it will be unacceptable.
Due process means an adversarial hearing wherein the respondent can face his/her accusers, cross examine witnesses, and present witnesses and evidence on his/her behalf.
The problem with these laws is that they use ex parte hearings where the respondent often isn't even notified that one is taking place. That is an egregious circumvention of the commands in the 4th, 5th, 6th and 14th Amendments.
You can't take his liberty (i.e. his natural right to bear arms) or his property (i.e. his firearms) without first having an adversarial hearing and getting a probable cause ruling based upon all the evidence. |
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| QUOTES
TO REMEMBER |
| I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908 [by an Indian extremist opposed to Gandhi's agreement with Smuts], whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence. Hence it was that I took part in the Boer War, the so-called Zulu Rebellion and [World War I]. Hence also do I advocate training in arms for those who believe in the method of violence. I would rather have India resort to arms in order to defend her honor than that she should in a cowardly manner become or remain a helpless witness to her own dishonor. — Mohandas K. Gandhi, Young India, August 11, 1920 from Fischer, Louis ed.,The Essential Gandhi, 1962 |
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