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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 |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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