Posted on Apr 8, 2023
New York Court Rules Due Process Needed for ‘Red Flag’ Orders
795
41
8
11
11
0
Posted >1 y ago
Responses: 5
That's been my criticism of "Red Flag" laws from the start. I can cause your firearms to be confiscated by simply making an allegation. In most jurisdictions, I don't even have to provide proof as the allegation alone is enough to cause action. The most grievous part of that whole fiasco is there is little to nothing you can do to ever regain possession of the confiscated property.
To me this is akin to accusing someone of robbing a bank, putting them in jail, and then never allow them to mount a legal defense. The fact a bank was never robbed is not allowed to be part of the proceedings.
To me this is akin to accusing someone of robbing a bank, putting them in jail, and then never allow them to mount a legal defense. The fact a bank was never robbed is not allowed to be part of the proceedings.
(5)
(0)
Maj Robert Thornton
It has berm my criticism as well MSgt Steven Holt, NRP, CCEMT-P. My only other requirement is that if adjudicated not guilty, against the state; all weapons and ammunition are immediately returned to the individual and the state pays all legal costs!
That would, in my humble opinion, be only fair, since it’s gonna cost to fight it.
That would, in my humble opinion, be only fair, since it’s gonna cost to fight it.
(4)
(0)
Sgt Albert Castro
Maj Robert Thornton - Agreed. Excellent points. It would be nice to see that in the fine print.
(3)
(0)
MAJ Byron Oyler
I have always argued that a judge must sign an EOD or emergency detainment on medical grounds for red flag laws. If you think the person is dangerous with the firearms on mental grounds then they are a danger in every sense. If not severe enough to take person into custody then you have no reason to take their firearms.
(3)
(0)
Good sound decision by the court. I would like to see how this decision percolates to other Cities and states. I guess time will tell. Good share sir.
(4)
(0)
Read This Next