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The
Below Comments Relate to this Newslink:
New Mexico Gets Its Red Flag Law Wrong
Submitted by:
David Williamson
Website: http://libertyparkpress.com
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New Mexico Gov. Michelle Lujan Grisham, a Democrat, recently signed controversial legislation that created the state’s first red flag law to take firearms from potentially dangerous people. Red flag laws, which now have been enacted by 18 states, allow courts to determine whether certain individuals are such a serious risk of danger to themselves or others that they should be temporarily disarmed.
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Comment by:
PHORTO
(3/10/2020)
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"...and the facts point to an emergency situation."
Based on probable cause, NOT reasonable suspicion. The 4th Amendment is crystal clear: "...and no Warrants shall issue, but upon probable cause..."
Typically (as in, ALL CASES so far) the ex parte order issues upon reasonable suspicion. That fails constitutional muster, PERIOD. |
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QUOTES
TO REMEMBER |
Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands? — Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836 |
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