Blues Man
Diamond Member
- Aug 28, 2016
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It's authorized by the court based on the opinion of a lay person. Often times the accused isn't notified of the court hearing, sometimes there is no court hearing and the order is issued by telephone. It's bullshit.This is a lie.Red flag laws are the travesty.It is a travesty
it is reality
No due process, no probable cause/.
Red flag laws afford comprehensive due process – an extreme risk protection order must first be authorized by a court. A hearing is then conducted allowing the gun owner to demonstrate why the order should be lifted.
Protection orders are not un-Constitutional – in Florida, for example, the courts have upheld that state’s red flag law:
“Some gun owners have appealed RPOs, arguing that Florida’s red flag law is unconstitutional. So far, at least, they haven’t been successful. State appellate courts have found that the law wasn’t too broad or vague, and that the proceedings hadn’t violated the respondent’s constitutional right to due process. (See, for example, Davis v. Gilchrist County Sheriff’s Office, 280 So.3d 524 (Fla. Dist. Ct. App. (2019).)”