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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 |
| No kingdom can be secured otherwise than by arming the people. The possession of arms is the distinction between a freeman and a slave. He, who has nothing, and who himself belongs to another, must be defended by him, whose property he is, and needs no arms. But he, who thinks he is his own master, and has what he can call his own, ought to have arms to defend himself, and what he possesses; else he lives precariously, and at discretion. — James Burgh, Political Disquisitions: Or, an Enquiry into Public Errors, Defects, and Abuses [London, 1774-1775]. |
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