Beware of some “Red Flag” laws

William Teach sees the same potential pitfalls as I do

On the surface, things like this look just fine. Pro-2nd Amendment advocates are fine with keeping firearms out of the hands of people who might well use them for crimes. But, there’s a bit of a problem

(NY Post) A bill that would allow police and prosecutors to confiscate weapons from people deemed a danger to themselves or others passed the state Senate Judiciary Committee on Tuesday.

The legislation was referred to a second committee before it can go to the floor for a vote, but even Republican opponents acknowledged it could pass. (snip)

“As we’ve seen, these tragedies where someone who clearly demonstrated evidence that they were likely to harm themselves or others eventually did so and local authorities have few steps that they can take – people have realized that this tool of an extreme risk protection order could be very effective in that circumstance,” said state Sen. Brian Kavanagh, a Manhattan Democrat who sponsored the bill.

The Senate bill would allow family members, household members, law enforcement and district attorneys to get emergency “Extreme Risk Protection Orders” when there’s clear evidence that someone is likely to try to hurt themselves or others. (snip)

Those deemed at risk could contest the move in a hearing. The temporary orders would allow cops to confiscate guns. But the orders would expire in a year, when a second hearing could be held to allow a judge to decide whether the guns could be returned.

This all seems like a good idea. If someone is showing signs that they could be a danger to themselves (I thought Dems approved of suicide?) and others, a temporary order restricting their firearms would not be a bad thing. Law abiding gun owners certainly do not want people using guns to commit crimes. But, see, this is how it kinda shakes out in reality, as we see in Rhode Island

(NRASenate Bill 2492A, sponsored by Senator Maryellen Goodwin (D-1), would create broad gun ban powers under the guise of “extreme risk” protection orders.  NRA-ILA strongly believes that dangerous individuals should not have firearms.  However, this “red flag” legislation is an overreach with few legal protections for those who may be falsely accused.   This sweeping legislation would allow almost anyone to have another’s guns taken with little or no due process.  The bill allows seizure and forfeiture through ex parte hearings where a respondent isn’t given notice and a hearing.

If you do not think the left will use abuse such laws, you need some mental help. Also, consider that today we have an increasingly hypersensitive society, and do the math

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