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A lot of discussion re: “red flag laws.” A short thread here, done in good faith, explaining how this proposal looks to those nervous about due process.
Many questions about this. Who can petition for ERPO/red flag? It varies state by state. Are there protections for abuse? I haven’t seen any in the legislative proposals I’ve read. It takes months, perhaps years even to clear one’s name if falsely accused …
If the penalty of confiscation is given before any evaluation or a court date, which is typical with these proposals, does this seem like an inversion of “innocent until proven guilty” to anyone and if so, does it concern you?
Regardless your perspective on it, there are many concerned about corruption in laws enforcement and failures within the justice system. How does what I’ve detailed help that situation, since there is no protection against abuse?
Say an ERPO/red flag order is served on someone presumably mentally unwell to the point of being a danger to themselves or others. Does removing the weapon solve the issue? There are no mental health provisions in any proposal that I’ve read.
Presumably, warrants must be obtained in order to serve red flag/ERPO orders. Are there any concerns for Fourth Amendment protections?
Lastly (I think) are there concerns for evaluating cases to prevent things like this from happening?…
(Ok not lastly) … how do red flag laws provide protections that our current processes do not? Civil commitments, TROs, etc? Beyond removing due process, many do not understand what isn’t offered with our current legal options.
There are absolutely solutions for this awfulness. I just hope people, such as the lawmakers floating these ideas, are really considering everything here — and I hope people understand the reservations others have without malice.
Here is the thread unrolled, btw:…
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