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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 |
| The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. — Joseph Story, Commentaries on the Constitution of the United States; With a Preliminary Review of the Constitutional History of the Colonies and States before the Adoption of the Constitution [Boston, 1833]. |
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