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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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TO REMEMBER |
| "And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? [...] The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!" —Alexander Solzhenitsyn, The Gulag Archipelago (Chapter 1 "Arrest") |
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