Thread by @ByMikeBaker

I recently came across a striking test case for laws designed to take guns from dangerous people.

The man had posted:
“i will shoot any woman any time for any reason”
“Kill all women”
A photo of himself with rifles: “one ticket for joker please”

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nytimes.com/2019/11/18/us/…

Police initially won an order to take his weapons, seizing three rifles and three handguns. But the man went to court and testified the online messages were jokes. A judge ordered the guns returned.

There are similarly difficult cases happening around the country...

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In Florida, a man who praised mass shooters online indicated an openness to shooting at one of his former schools, authorities said.

They blocked him from buying guns. A judge restored the right after his attorney contended that his comments weren’t a credible threat.

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In Oregon, where judges have denied 27 of 150 red flag petitions, authorities said one man had been reported for planning to kill people at a strip club.

Authorities got a red flag order, but later couldn’t get it extended, with the judge ordering the man’s weapons returned.

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In Washington, authorities detailed a series of comments from one man: “You have no idea how fucked in the head I am. I’m on that real school shooter shit.”

Police got an order, but his lawyer said the man's other actions indicated he wasn't a risk. A judge lifted the order.

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In many other cases, the red-flag orders have stood, and proponents are confident the laws are saving lives. 17 states now have a version of red flag laws. Congress is also considering a federal option.

nytimes.com/2019/08/06/us/…

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But the challenging cases have revolved around tricky First and Second Amendment issues. In the “ticket for joker” case, the judge concluded: “The statute is not written such that the court can give the benefit of the doubt to law enforcement.”

nytimes.com/2019/11/18/us/…

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