no i dont...you can be arrested for exercising your rights? and why must this be political....
It's always political, especially gun laws. But are you talking about the 'Red Flag' gun laws??? Where your guns can be taken away if someone thinks you are a danger to yourself or society??? That's what it sounds like.....
From what I understand, yes you can either lose your weapons and/or be arrested IF someone makes a complaint...….so if you & hubs get in an argument and split up or if your neighbor gets bent out of shape for mowing their prized roses ..…..they can make the complaint you are dangerous and you'd lose the weapons and/or be arrested....even if you weren't.
Not saying it WILL happen......but it COULD happen that way but I think you'd have to really be an ass, or whoever turned you in was a real ass
There is a lot of room for abuse of this law against gun holders
No it couldn't happen because judges have to sign off on those orders and they have about five different things to consider before they can make the decision to take away a Constitutional right. They also require some evidence. So bones can mow over her neighbors' roses all she wants. In some states, only the police can actually request the judge sign a Red Flag Order. Some states allow family or professionals (like counselors) to submit complaints. But they need good reason.
What you say may be true and let's hope any order is backed up with more evidence than just someone's word.
IF Bones is talking about the 'Red Flag' Law...…..if I'm not mistaken she is in the South and none of those states have that law yet......but if it's some other law she's talking about, then I don't know what the requirements are to enforce.
It sounds like her state's version of a "criminal threatening" law or something...
That may be true IDK BUT I did look more into the Red Flag law and atleast here in Washington state...….that neighbor with an attitude CAN file for an ERPO (Extreme Risk Protection Order) just by filing some papers either in court or online. The police can take away any and all weapons from anyone named without due process, as long as the named individual hands over the guns voluntarily. IF they refuse, the police then have to get a search warrant from the court.
Yes, the person making the complaint and filing the papers will be seen in court or a judge will sign it off, usually the same day of filing...….they just have to convince the judge (with or without actual evidence or witnesses) who may or may not be sympathetic to their case. The named person in the complaint will lose their weapons for 2 weeks before they have the opportunity to present their defense in a true due process court case and they don't 'face their accuser' to do so.
As long as the judge, police and person making the complaint act in a reasonable manner......then it's all well & good. But we all know that shit don't happen like it's supposed too.
Other states law may vary in the requirements or enforcement.
Extreme Risk Protection Orders may vary between the states that have them. But the idea is picking up traction since the Parkland school shooting.
mynorthwest.com
In Washington state, family and even friends can request Extreme Risk Protection Orders.
You don’t need a lawyer to get one. You can access the petition online and file it with the court....
“It’s basically a two-part process,” program manager Sandra Shanahan said,” so people would come in, they would fill out the forms identifying who they are, who they’re filing against, what the concerns are, and then provide a narrative of the behavioral crisis that they’ve observed that leads them to be fearful for this person’s safety or the safety of others. They would see a commissioner or a judge that same day and they could get an emergency order that’s in place for two weeks. Then the other party gets served and then they would come back two weeks later and the court would hear it [in order] to see if there is merit, and if they should enter the order for a longer period.”
And even though it does say this........
And you’ll need evidence, Shanahan says.
“Different things that kind of form a pattern of behavior that’s showing that somebody may be having some dangerous thoughts, danger to themselves or to other people and that can be evidenced by social media posts, emails, texts, actual communication — verbal threats directly. And so it’s all of those things together that somebody would be able to provide in a narrative to the court as evidence of why they have such concern for that person.”
...it still comes down to your word vs their word, if no actual physical evidence such as social media is available. If you can make a convincing argument that someone verbally threatened you or you are afraid of because you overheard several loud arguments or, or, or........it's still possible to get a signed order and it leaves alot up to the judges interpretation or mood of the day to sign the order.
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