Maine Approves Red Flag Law

I was on board with this until I read the part about not needing a behavioral assessment to do so. How will the police and the government define dangerous?


Sounds like you should worry less about the police and more about family members. Eventually family members may become the "new" police.
 
This is all Florida needs and no mental health assesment.

Florida's "red flag" law, officially known as the Risk Protection Order (RPO) Act (Florida Statute § 790.401), allows law enforcement agencies to petition a court to temporarily remove firearms and ammunition from individuals deemed a significant danger to themselves or others.

Key provisions of the law include:
  • Only law enforcement officers or agencies can petition for an RPO; family members must report concerns to law enforcement.
  • The petition must be supported by specific facts showing a reasonable fear of significant dangerous acts. Evidence can include threats of violence, mental health issues, domestic violence, substance abuse, or recent firearm purchases.
  • The court process involves a potential temporary order and a full hearing within 14 days, where law enforcement must prove by clear and convincing evidence that the person is a danger.
  • If an RPO is issued, the individual must surrender firearms, ammunition, and concealed weapon licenses.
    • An RPO can last up to 12 months, with potential extensions.
    • Violating an RPO is a third-degree felony.
    • The law includes due process safeguards, but some critics have concerns about the burden of proof at hearings.
 
This is all Florida needs and no mental health assesment.

Florida's "red flag" law, officially known as the Risk Protection Order (RPO) Act (Florida Statute § 790.401), allows law enforcement agencies to petition a court to temporarily remove firearms and ammunition from individuals deemed a significant danger to themselves or others.

Key provisions of the law include:
  • Only law enforcement officers or agencies can petition for an RPO; family members must report concerns to law enforcement.
  • The petition must be supported by specific facts showing a reasonable fear of significant dangerous acts. Evidence can include threats of violence, mental health issues, domestic violence, substance abuse, or recent firearm purchases.
  • The court process involves a potential temporary order and a full hearing within 14 days, where law enforcement must prove by clear and convincing evidence that the person is a danger.
  • If an RPO is issued, the individual must surrender firearms, ammunition, and concealed weapon licenses.
    • An RPO can last up to 12 months, with potential extensions.
    • Violating an RPO is a third-degree felony.
    • The law includes due process safeguards, but some critics have concerns about the burden of proof at hearings.

If the guns are removed and then he gets a hearing, his due process has been violated.
 
If a person is too dangerous to himself or others to retain his firearms, then he is too dangerous to be left on the street - rather than take the guns, he should be taken into custody.

Supporters of red flag laws oppose this, because red flag laws aren't about keeping people safe, they're about confiscating guns.
 
I was on board with this until I read the part about not needing a behavioral assessment to do so. How will the police and the government define dangerous?


Need a criteria, a list of health issues and behaviour that constitutes dangerous. Then use that when assessing. Assessing with a blank sheet won't/doesn't work. Consultation with the medical field and statistics required. But, it's a step in the right direction.
 
If a person is too dangerous to himself or others to retain his firearms, then he is too dangerous to be left on the street - rather than take the guns, he should be taken into custody.

I see your point.
 
Sounds like you should worry less about the police and more about family members. Eventually family members may become the "new" police.

Like the Stasi.

If a person is too dangerous to himself or others to retain his firearms, then he is too dangerous to be left on the street - rather than take the guns, he should be taken into custody.

Supporters of red flag laws oppose this, because red flag laws aren't about keeping people safe, they're about confiscating guns.

No. They are about legalizing attempted murder of gun owners.
 
If a person is too dangerous to himself or others to retain his firearms, then he is too dangerous to be left on the street - rather than take the guns, he should be taken into custody.

Supporters of red flag laws oppose this, because red flag laws aren't about keeping people safe, they're about confiscating guns.

Yup.

Registration->Confiscation->Extermination
 
Need a criteria, a list of health issues and behaviour that constitutes dangerous. Then use that when assessing. Assessing with a blank sheet won't/doesn't work. Consultation with the medical field and statistics required. But, it's a step in the right direction.
No it isn’t.
 
15th post
This is all Florida needs and no mental health assesment.

Florida's "red flag" law, officially known as the Risk Protection Order (RPO) Act (Florida Statute § 790.401), allows law enforcement agencies to petition a court to temporarily remove firearms and ammunition from individuals deemed a significant danger to themselves or others.

Key provisions of the law include:
  • Only law enforcement officers or agencies can petition for an RPO; family members must report concerns to law enforcement.
  • The petition must be supported by specific facts showing a reasonable fear of significant dangerous acts. Evidence can include threats of violence, mental health issues, domestic violence, substance abuse, or recent firearm purchases.
  • The court process involves a potential temporary order and a full hearing within 14 days, where law enforcement must prove by clear and convincing evidence that the person is a danger.
  • If an RPO is issued, the individual must surrender firearms, ammunition, and concealed weapon licenses.
    • An RPO can last up to 12 months, with potential extensions.
    • Violating an RPO is a third-degree felony.
    • The law includes due process safeguards, but some critics have concerns about the burden of proof at hearings.
One can't help but notice that "recent firearm purchases" constituting evidence of a threat does not pass the smell test.
 
I was on board with this until I read the part about not needing a behavioral assessment to do so. How will the police and the government define dangerous?


Some Boards of bureaucrats will probably apply their deep lack of knowledge before denying licenses and permits to residents of Maine who have the desire to have a gun.
 

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