Red flag laws are harmful to more than just the Second Amendment

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AndyC
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Red flag laws are harmful to more than just the Second Amendment

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Post by AndyC » Fri Apr 12, 2019 10:05 am

This whole scenario blurs the line between civil and criminal legal actions. Your uncle has committed no crime, but somehow warrants a judicial order and a knock on the door (if he is lucky) by the police. If the language of this bill was purely criminal, it would be dead on arrival; it's no accident that half of the Bill of Rights explicitly enumerates the rights of the accused. This legal trickery is intentional. Legislative wonks skirt constitutional barriers — pesky platitudes like "innocent until proven guilty" — by keeping their legalese in the civil side of the court system.

This way, petitioners can leapfrog the Fourth Amendment, which protects us from search and seizure without probable cause first being established. Police can begin to obtain a search warrant in concurrence with the ERPO, meaning evidence — which is mostly hearsay to begin with — is an afterthought.
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Deltaboy
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Re: Red flag laws are harmful to more than just the Second Amendment

#2

Post by Deltaboy » Mon Apr 15, 2019 10:12 pm

I agree it wide open for all sort of abuse of our rights! :tiphat:
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