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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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TO REMEMBER |
| There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787) |
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