The problem with red flag laws in some jurisdictions are false accusations.
Even before getting into constitutionality there are these issues:
Due Process Concerns:
Lack of Opportunity to be Heard: Red flag laws often allow for temporary confiscation of firearms without the individual being present in court or having an opportunity to present their case.
Ex Parte Proceedings: Some red flag laws allow for hearings to be conducted without the individual’s presence, raising concerns about fairness and due process.
Inadequate Legal Representation: There are concerns about whether individuals facing red flag petitions receive adequate legal representation, particularly if they cannot afford a lawyer.
Potential for Misuse and Abuse:
Subjectivity in Defining “Risk”: The definition of what constitutes a dangerous individual or a threat can be subjective, potentially leading to the misuse of red flag laws.
Misapplication to Lawful Gun Owners: Some worry that red flag laws could be used against individuals who are not actually dangerous or who are not a risk to themselves or others.
Risk of Escalation: Some fear that law enforcement actions under red flag laws could escalate tense situations, potentially leading to confrontations.
But for the sake of completeness:
Infringement on Gun Rights: Critics argue that red flag laws infringe on the Second Amendment right to bear arms, even if the gun is temporarily removed.
Violation of Property Rights: The temporary seizure of firearms raises questions about whether red flag laws violate an individual’s right to own property.
Potential for Discrimination: There are concerns that red flag laws could be used to target certain groups or individuals based on stereotypes or biases.
Or just implement a process to check the mental health of people who want to get guns, and if theyre insane and are at risk of doing that, then they dont get the guns
I’m fine with an armed population, as long as people that might harm themselves or do mass shootings cant get weapons.
The problem with red flag laws in some jurisdictions are false accusations.
Even before getting into constitutionality there are these issues:
Lack of Opportunity to be Heard: Red flag laws often allow for temporary confiscation of firearms without the individual being present in court or having an opportunity to present their case.
Ex Parte Proceedings: Some red flag laws allow for hearings to be conducted without the individual’s presence, raising concerns about fairness and due process.
Inadequate Legal Representation: There are concerns about whether individuals facing red flag petitions receive adequate legal representation, particularly if they cannot afford a lawyer.
Subjectivity in Defining “Risk”: The definition of what constitutes a dangerous individual or a threat can be subjective, potentially leading to the misuse of red flag laws.
Misapplication to Lawful Gun Owners: Some worry that red flag laws could be used against individuals who are not actually dangerous or who are not a risk to themselves or others.
Risk of Escalation: Some fear that law enforcement actions under red flag laws could escalate tense situations, potentially leading to confrontations.
But for the sake of completeness:
Infringement on Gun Rights: Critics argue that red flag laws infringe on the Second Amendment right to bear arms, even if the gun is temporarily removed.
Violation of Property Rights: The temporary seizure of firearms raises questions about whether red flag laws violate an individual’s right to own property.
Potential for Discrimination: There are concerns that red flag laws could be used to target certain groups or individuals based on stereotypes or biases.
“people who do mass shootings can’t get weapons” just means “everybody gets to do one mass shooting but no more”
Or just implement a process to check the mental health of people who want to get guns, and if theyre insane and are at risk of doing that, then they dont get the guns
I reread your comment and I think I parsed it differently than the way you intended it.
what you said:
what you certainly must have meant by it:
the way I read it:
so there’s where my comment comes from.