SavannahMann
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- Nov 16, 2016
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According to Townhall, which is not my first choice for news, the predictable outcome of Red Flag Laws has already become reality in Florida.
Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
A man has the same name as a criminal. Someone filed a Red Flag complaint against the Criminal, and the police checked, and found he had a Concealed Carry permit. That was revoked, and his guns were seized, despite it being obvious that he is not the individual the Red Flag complaint is against. Sometime in the next month, the innocent man will have to appear before a Judge, and walk him through the evidence showing that the innocent man is not the baddie they are searching for. Then after that expense, he’s going to have to go and get his guns back, and pay a transfer fee, with the background check, to get them back. If the Judge orders the weapons returned.
So what Civil Rights were denied this man? First, no criminal charges were filed, and thus he was denied his right to due process before losing property in violation of the 5th Amendment. 2nd, his Second Amendment rights were abridged without due process. Third, the expense of responding to the frivolous complaint is not handled as a criminal matter but a civil manner, and even in that he is not able to recoup his expenses as any victor in a lawsuit would be able to, because the complaint was never about him the person filing it is not liable, and of course the Police are never liable.
This is the predictable and expected result, and is one of the reasons that these laws should be found Unconstitutional, and tossed into the dustbin of history.
Fifth Amendment to the United States Constitution - Wikipedia
Denied of property without due process, is a constitutional violation. No exception for it should ever be contemplated. We have those limits on our Government because part of the reason we rebelled against England is because they did not have those limits on the Government.
Florida Man Lost His 2A Rights, Thanks To Red Flag Laws And Mistaken Identity
A man has the same name as a criminal. Someone filed a Red Flag complaint against the Criminal, and the police checked, and found he had a Concealed Carry permit. That was revoked, and his guns were seized, despite it being obvious that he is not the individual the Red Flag complaint is against. Sometime in the next month, the innocent man will have to appear before a Judge, and walk him through the evidence showing that the innocent man is not the baddie they are searching for. Then after that expense, he’s going to have to go and get his guns back, and pay a transfer fee, with the background check, to get them back. If the Judge orders the weapons returned.
So what Civil Rights were denied this man? First, no criminal charges were filed, and thus he was denied his right to due process before losing property in violation of the 5th Amendment. 2nd, his Second Amendment rights were abridged without due process. Third, the expense of responding to the frivolous complaint is not handled as a criminal matter but a civil manner, and even in that he is not able to recoup his expenses as any victor in a lawsuit would be able to, because the complaint was never about him the person filing it is not liable, and of course the Police are never liable.
This is the predictable and expected result, and is one of the reasons that these laws should be found Unconstitutional, and tossed into the dustbin of history.
Fifth Amendment to the United States Constitution - Wikipedia
Denied of property without due process, is a constitutional violation. No exception for it should ever be contemplated. We have those limits on our Government because part of the reason we rebelled against England is because they did not have those limits on the Government.