The ones you need to worry about are the 4 who voted yes on this poll.
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Red Flag laws.
- Thread starter Fatal_Bert
- Start date
The ones you need to worry about are the 4 who voted yes on this poll.
I bet I could name all 4
Is the cat ok?
I will say...none of my neighbors know i own as much as a 22lr rifle.
Fat and sassy.
the 62 people who have left me feedback...they know a LOT about what is in my safe, LOL.
If your state has the 2nd amendment, it is a "due process "violation of your 5th amendment. Big check awaits
Sadly, so far no court has found it to violate due process (as far as I've seen).
Also, being federal, all states have the 2nd Amendment in the Bill of Rights, and the SCOTUS found that applied to the states in McDonald v. City of Chicago.
And you can't sue the state for monetary damages if they violate your rights (or a court determines that after the fact). They may volunteer to make a payment if they choose, but it's not required. If you tried to take it to civil court it would be thrown out unless you could prove negligence on the part of individual government employees. Making bad laws and enforcing them doesn't cover that...
Also, being federal, all states have the 2nd Amendment in the Bill of Rights, and the SCOTUS found that applied to the states in McDonald v. City of Chicago.
And you can't sue the state for monetary damages if they violate your rights (or a court determines that after the fact). They may volunteer to make a payment if they choose, but it's not required. If you tried to take it to civil court it would be thrown out unless you could prove negligence on the part of individual government employees. Making bad laws and enforcing them doesn't cover that...
So, in light of Will Smith hitting Chris Rock and angrily cursing him out at the Oscars show the other night...
... could Smith be subject to a red flag law?
Apparently not in California, because (1) the victim, Rock, didn't seek a Court order, and '(2) Rock isn't in the kind of relationship to the offender that would give him standing to seek a red flag order-- he's not a lover, a parent, a co-worker, a student, etc. Not just anybody can get a red flag gun seizure order on another person, not even in ultra-liberal and litigious California.
But suppose Will Smith and Chris Rock had been co-workers at the same studio, both under contract to the same company, when this bytch-slap happened. Then if Rock wanted a court order disarming Smith, could he get one?
That situation shows the problem with Red Flag laws, and how they can be misapplied. Because even though I think Smith was clearly in the wrong and committed misdemeanor assault and disorderly conduct, the circumstances of this are just not enough to call him a real Danger to himself or others-- a danger that puts people lives at risk, or would expose them to serious bodily injury.
... could Smith be subject to a red flag law?
Apparently not in California, because (1) the victim, Rock, didn't seek a Court order, and '(2) Rock isn't in the kind of relationship to the offender that would give him standing to seek a red flag order-- he's not a lover, a parent, a co-worker, a student, etc. Not just anybody can get a red flag gun seizure order on another person, not even in ultra-liberal and litigious California.
But suppose Will Smith and Chris Rock had been co-workers at the same studio, both under contract to the same company, when this bytch-slap happened. Then if Rock wanted a court order disarming Smith, could he get one?
That situation shows the problem with Red Flag laws, and how they can be misapplied. Because even though I think Smith was clearly in the wrong and committed misdemeanor assault and disorderly conduct, the circumstances of this are just not enough to call him a real Danger to himself or others-- a danger that puts people lives at risk, or would expose them to serious bodily injury.
This is the problem with red flag laws, goober lawyers and bureaucrats who get off on analyzing if they can legally steal from someone or not would seize every opportunity they get.
