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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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is 1 comment
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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 |
To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. — Timothy Dwight, Travels in New England and New York [London 1823] |
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