Nevada sheriff faces recall over enforcing red flag laws

[Ringel05]

No it's not you imbecile. It's memorialized in the Bill of Rights.

Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement.

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

Oh and judges MUST confine themselves within the parameters of the Constitution, granted there are differing interpretations for what specifically constitutes those parameters. Some interpretations are strict others are extremely "loose" which is why we constantly see the legal battles over interpretation all the time.

 

[westwall]

Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement.

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

I have learned to never be surprised by onepercenters ignorance, nor prevarication.

 

[Ringel05]

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

I have learned to never be surprised by onepercenters ignorance, nor prevarication.

I have never been surprised over anyone's ignorance nor prevarication........ Not even my own occasional lapses into those realms......

 

[miketx]

It's called DUE PROCESS, dumbass.

Due process is an entitlement. Are you backing entitlements now?

No it's not you imbecile. It's memorialized in the Bill of Rights.

Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement.

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

So what?

 

[miketx]

Enforcing any unconstitutional law is a violation of his oath.

He swore an oath to uphold State laws,

The Sheriff is a locally elected official, if the local electorate is dissatisfied with his or her "job performance" they are perfectly within their rights to demand a recall.
Just so you don't misunderstand my point (though some obviously will anyway) I'm addressing the local electorate's rights not whether the Sheriff should or shouldn't uphold State law, that's up to the Sheriff not you or I unless we live there.

So the electorate doesn't want he Sheriff to enforce State laws and a red flag court order? Can they do that?

They can demand a recall for any reason they see fit. Again the key is "elected official" as is the case in most jurisdictions in this country for the position of Sheriff. Sheriffs are accountable directly to the people who elected them first, then the State and Federal Constitutions. This is the way it's been since the mid 1600s in the American colonies and eventually the USA.

So the people that elect the Sheriffs can decide what laws he/she can enforce?

Hey, troll, the constitution does like your already been told.

 

[OnePercenter]

Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement.

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

So the food chain is:

Legislature
Governor
Judges
Sheriff

Wouldn't it make more sense to start at the top?

btw: the electorate is the voters.

 

[Ringel05]

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

So the food chain is:

Legislature
Governor
Judges
Sheriff

Wouldn't it make more sense to start at the top?

btw: the electorate is the voters.

Yeah and the voters are the State ergo the Electorate is the State via elected representation. It's designed to start from the ground up, you don't build a sky scraper and start with the top floor..... Technically the food chain is supposed to be in the reverse order of what you listed, again it's obvious you never took Civics.

 

[whitehall]

That's the problem with "red flag laws". They aren't specific enough to be covered by the Constitution and they are subject to the personal opinion of local enforcement. Isn't that what democrats want?

 

[Jarlaxle]

Due process: fair treatment through the normal judicial system, especially as a citizen's entitlement.

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

Depends on the state. Judges here are not elected.

 

[Jarlaxle]

This is strictly a bad desision by the Nevada legislators. Nevada has just over 3,000,0000 people in it, over 2,000,000 reside in the Las Vegas valley and just about 600 square miles big with the cities of Las Vegas and Henderson being the most densely populated and high crime areas.

Humboldt County has 16,000 residents and is 9658 squire miles. There was (2) murders in 2018, (2) in 2017, and none from 2016 through 2013, and 1 in 2012, and none in 2011 and 2010.

This is a ranching, mining, guided hunting, community. This is the type of area you will still see guns in gun racks in the back window of pickup trucks everywhere.

Complete night and day from the crime/drug infested area of the Las Vegas valley.

The easy answer; Don't do anything that would make yourself a red flag law candidate.

You are NOT this thick. Just ain't possible. You HAVE to be trolling.

 

[Ringel05]

Proving yet again that you are too stupid to engage in any conversations of any nature whatsoever.


Amendment 5
- Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

Depends on the state. Judges here are not elected.

You must live in Bastardchusettes........

 

[Jarlaxle]

The red flag warrant is signed by a Judge.

It's a sticky Constitutional subject, while there is some precedence in law, primarily in the area of spousal abuse and stalking where an individuals rights can be temporarily suspended it's still considered by many to be a violation of the Due Process Clause regardless of whether or not it's signed by a judge. That argument will probably rage on forever.
The biggest fear is that ultimately the Government and anti-gun individuals and organizations will abuse the Red Flag laws to side step the 2nd Amendment and begin gun confiscation on a large scale by changing the parameters concerning what constitutes a danger. There are those who claim that will never happen but in reality anything is possible, anything can happen.

Then that's for the courts to decide, NOT the electorate.

I guess you are unaware that State and local judges are elected also........ And subject to recall if the electorate so decides. You never took Civics, didya.......... The electorate IS the State.........

Depends on the state. Judges here are not elected.

You must live in Bastardchusettes........

Most of the Northeast, judges are appointed.

They buy their seats in what is not QUITE open bribery.