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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 |
[The American Colonies were] all democratic governments, where the power is in the hands of the people and where there is not the least difficulty or jealousy about putting arms into the hands of every man in the country. [European countries should not] be ignorant of the strength and the force of such a form of government and how strenuously and almost wonderfully people living under one have sometimes exerted themselves in defence of their rights and liberties and how fatally it has ended with many a man and many a state who have entered into quarrels, wars and contests with them. — George Mason, "Remarks on Annual Elections for the Fairfax Independent Company" in The Papers of George Mason, 1725-1792, ed Robert A. Rutland (Chapel Hill, 1970). |
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