- Aug 11, 2021
- Reaction score
- Not California
Here you go.Right.
Who is doing that?
My 'due process' is going on 40 years now.
- California — Allows family members to petition the court
- Colorado (went into effect on January 1, 2020)
- Connecticut — The first state to adopt a red flag law, Connecticut adopted the law in 1999. A state’s attorney or any two police officers may file a complaint.
- District of Columbia
- Hawaii (went into effect on January 1, 2020) — In addition to law enforcement and family or household members, medical professionals, educators or colleagues may file a petition.
- Maryland — In addition to law enforcement and family or household members, medical professionals are allowed to file petitions.
- Nevada (went into effect on January 1, 2020)
- New Jersey
- New Mexico (goes into effect on July 1 ,2020)
- New York — In addition to law enforcement and family or household members, school administrators or their designees may file a petition.
- Rhode Island
- Virginia (goes into effect on July 1 ,2020)
Guilty until proven innocent is not the way the US legal system is supposed to work.One reason red flag laws are controversial is because, in some states, the person that is the subject of the order has no knowledge of the petition or order. Therefore, there is no ability to defend himself or herself against the accusation prior to the property being confiscated and losing the rights to purchase or possess firearms.
A person who has not committed a crime has his or her guns confiscated, seemingly in violation of the constitutional right to due process. There is typically a full hearing within 21 days, at which the subject of the order may present his or her own evidence or respond to any evidence presented.
There is also a concern regarding the opportunity for these petitions to be abused or “weaponized” by former partners or family members. Some states, like Rhode Island, have created penalties for providing false evidence. In addition, the subject of the order is presumed to be guilty and forced to go to court to prove his or her innocence.
And let's not forget the NJ doctor who had a man's guns taken away because he left a bad review.