Red Flag Law- Extreme Risk Protective Order

[Into the Night]

Just curious; but let's go with the OP premise.

What recourse does the accused have, if the Court decides that they're not a danger to themselves or others, against the accuser(s)?

They can file a civil suit for damages. They can file a criminal charge for false accusation or possibly even perjury.

 

[Into the Night]

with due respect I was not talking to you .
but you are making the case that there are no absolute individual rights. They all have regs, if not actual limits.

The right to self defense is inherent. The federal government and the State governments are prohibited from interfering with it.

If one shows a propensity for hate AND violence by threats or behaviors, then the red flag can be targeted.

Not due process. Unconstitutional.

That's the statute which is similar to incitement to violence = you are a clear and present danger,and subjected to a hearing

Not due process. Unconstitutional.

with cause they can be forfeited

The right to self defense does not end by taking guns away by due process.

 

[Into the Night]

How do you prove you need a gun? Psychic ability?

Gonzomin is advocating the destruction of the Constitution. Obviously, you don't need to show a 'need'.

 

[Into the Night]

no point in you debating abstract Constitutional principles here. I've gone over and over this.
This has become a national exigent circumstance -for all the abstract discussions ( which are fine)
there is a pressing need to do something to stop these deranged minds.

Do something about putting them in institution and treating them. Do something about psychoquacks that prescribe mind altering drugs that cause homicidal and suicidal tendencies. Do something serious about gangs.

Why do you want to punish me for what a guy in El Paso did?

from my understanding of the Constitution it was never meant to stop legislation to regulate those rights .
If you have problems with this - i suggest you take it up with SCOTUS

The Supreme Court does not have the authority to change or interpret the Constitution.

 

[Into the Night]

any law has a potential for abuse. I sincerely believe drug testing my piss is a violation of my privacy as an illegal search
But it is what it is..it should be noted there is due process for those flagged

Fine. That's why we have guns. Right there.

 

[USFREEDOM911]

In some states you can go to an auction and buy a gun or ammunition right there on the spot. No check of anything.

Going to need more then just your say so, to support this.

 

[Stretch]

Then don't compare guns to disease as if they were.

Fine. We agree on that.

What you are describing is someone that has probably been to a psychoquack at some time. These clowns often prescribe mind-altering drugs that can put them over the edge into suicidal or homicidal tendencies. These psychoquacks have a lot to answer for.

Fair enough. It was only an analogy though, not a direct comparison. I should have used an inanimate object
like a lawn mower. You see signs of oil leaking and it's sputtering. You need to stop the mower long enough
to check it all out, make some repairs and then fire it up again to see if it's running properly.
Sometimes malfunctioning humans just need to be temporarily stopped and fixed in order to continue
operating smoothly.

 

[reagansghost]

https://www.democraticunderground.com/1017549305

 

[Stretch]

Irrelevant. They have the right to defend themselves by any means. If all they can afford is a bag of lead shot to use as a sap knuckle, that's what they can use as their arm. No one is required to buy their weapons for them.

Never said others should.

 

[SmarterthanYou]

In some states you can go to an auction and buy a gun or ammunition right there on the spot. No check of anything.

yep, and I can sell any of my guns to someone I met off craigslist, no check. the great thing about freedom is that the government has no business being in my personal business.

 

[Into the Night]

what kind of stupid question is this? ( bolded)
as to rights -yes they are limitless- but they can also be regulated

Paradox. Which is it?

 

[Flash]

it should have been the people using their power of jury nullification. but people are stupid, so............

if you need the supreme court to tell you whats constitutional and whats not, you FAILED as an American

If you let individual juries decide whether something is constitutional through jury nullification the entire constitutional system has been distorted beyond recognition. The typical jury knows nothing about the Constitution and jury nullification does not even apply to civil cases such as various provisions of the Affordable Care Act which was struck down as unconstitutional. Such cases would not appear before a jury.

 

[Into the Night]

why don't you make your point instead of asking a poorly worded question?
what is "it's" ? the government itself? the rights?

Learn English. The government. Rights are not people.

as previously stated take it up with SCOTUS

The Supreme Court does not have authority to change or interpret the Constitution.

 

[Into the Night]

I think the founders would not have let the village idiot carry a gun......

Sure they would. Of course, as soon as the village idiot became dangerous, they would have no problem shooting the village idiot.

 

[Into the Night]

That is because it was written in 1776 and governmental terms have changed since the days of Kings and Kingdoms, and when Democracy was an experiment!

What democracy? The United States was never a democracy.

No one even knows WTF the 2nd Amendment means

It means what it says. The government is prohibited from messing with the right of self defense.

- And that is why people are confused-

Nothing confusing about it.

because even Scalia admitted the wording was flawed, contradicted itself, and was hard to be interpreted by even himself.

Nothing is contradicted.

But, that did not stop him from trying to interpret it and ruling on it!

He didn't have the authority to do so.

Congress has realized this 30 years ago, as they know the amendment needs to be repealed and updated, but the two parties are so politically jaded now, they don't have the balls to debate on it!

Congress does not have authority to interpret or change the Constitution either.

 

[Into the Night]

the founders wouldn't have had a village idiot, but if they did, they would not have done anything until the idiot committed an actual crime.

There's always a village idiot. It's a tough job, but SOMEONE always takes on that role!

 

[Into the Night]

It's usually the Bottom Line by executive action these days. And then it will flip the very next election cycle!

It is crazy and frustrating! No wonder everyone is upset! It seems there are a lot of double standards when it comes to the Constitution.

And there seems to be a very poor disregard for Democracy these days- and rule of law- brought about by Donald Trump!

I despise democracy. Fortunately, the United States is not organized as a democracy.

 

[Into the Night]

Marbury v. Madison (1803). IF I follow your meandering/run on sentence


well I'm not about to take up arms to dispute that authority

The Supreme Court does not have authority to change or interpret the Constitution.

 

[Adolf_Twitler]

I despise democracy. Fortunately, the United States is not organized as a democracy.

I despise commie nutsacks like you!

 

[Into the Night]

If somebody I knew met those conditions I would want authorities to know, and I would want them to be able to take that person's guns away before they act.

So...no due process of law. No constitution. Just a dictator or an oligarchy and your desire to be one of the 'elite'.