At this moment, virtue signaling losers of every stripe and figure are doing their greasy best to degrade your ability to defend your family from criminals. Insurance companies are drafting policies that would make it harder for gun owners to buy insurance. Credit processing companies are targeting businesses that don’t toe Hillary Clinton and Barack Obama’s gun confiscation line, making it hard for them to access merchant services accounts and denying them whenever they can. The businesses that are hurt most by this are gun shop owners and gun accessory retailers.
But these are just two examples of extra-legal methods by which people are fighting to take away your access to firearms. They are filling the gaps in real legal measures that are being passed every day across the country in a blanket effort to restrict legal access to guns.
These small time legislative moves are not making news, but they are setting a standard. It is a standard that is directly incongruous to the left’s usual reply when we accuse them of wanting to ban all guns. “Nobody wants to take your guns,” they say while at the same time they are rolling out every conceivable measure to do so.
The latest wave of laws are ominously subjective and go by the name, “Red Flag Gun Seizure” laws. These are laws that place the authority to take guns away from anyone in the hands of judges based completely on whim and discretion.
The laws under this category go by a few different names like “high-risk gun seizure,” “emergency gun seizure,” “community protection gun seizure.” But “Red Flag Gun Seizure” is the most common.
The law makes it possible for any citizen to call in a complaint to a judge and say that some person is being threatening or erratic. It is then up to the judge to decide whether or not to send out police to take any guns that person may have.
There is a standing parallel to this that exists in Family Courts. It’s called an Ex Parte Order. In an ex parte, a complainant petitions for an emergency hearing that is scheduled within a few days. They then go before a judge and make the claim that someone is being threatening to a child, an elder, or a spouse.
When the complaint is considered valid, the judge can administer a restraining order or take children away from the party being complained about. The alleged offending party does not even have to be present for his or her rights to be curtailed.
After that, an investigation is launched (not always in earnest), and the person usually finds themselves embroiled in years of lawfare whether or not they actually deserve it.
“Red Flag Gun Seizure” laws work very much the same way, except the complaining party does not even have to wait to go to court. They only have to make a phone call and be convincing as they say whatever the hell they decide to say.
Not only does this give ammunition to vindictive people who want to hurt someone, it also gives judges and politically motivated parties the power to disarm anyone completely on a whim. Suppose the people on Bundy Ranch had lived in a state with a law like this when the Feds came down on their heads with thunder and fury.
After the decades of arson and theft at the hands of the Bureau of Land Management, you can be sure that trigger happy Feds would have mowed the Bundy’s down- just like they did to their unarmed uncle.
These laws are being passed with very little fanfare. It started in Florida as a result of the high school shooting earlier this year. They say they would have needed these laws to stop Nikolas Cruz.
But the truth is the FBI and local law enforcement already had everything they needed to disarm Cruz. He had been making threats for many months. Cruz had killed his neighbor’s pets and threatened people with firearms. He had a social media campaign advertising his guns and violent tendencies. He was reported by a YouTube creator under whose video Cruz said that he wanted to be a professional school shooter.
They had every reason to stop him, arrest him, and take his guns away. But they didn’t. Why?
It is an embarrassment to both national and local law enforcement. And if you want to put a finer point on it, it almost looks like part of some experiment to get someone to shoot up a small town. All the right ingredients are there.
~ National Gun Network
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Concerning an individual who falsely institutes a RED FLAG ACTION, resulting in the improper seizure of an individual’s lawfully acquired and possessed personal property, does their action open them to legal action, suit for damages, defamation, that sort of thing?
Like!! Really appreciate you sharing this blog post.Really thank you! Keep writing.
the second amendment is absolute as written and not subject to change by anyone or anything. the ststes required it before they would ratify the constitution. any change would destroy the constitution
I have read other blogs on other sites and have read/researched as much as possible, with what little is on the internet, but for the most part, confirmed in Florida, that as long the complaining person called, “in good faith”, they are immune from civil action by the wronged party. It’s the exact same way with the other ex-parte this author spoke of. If you “truly believe” a child is in danger and you call children’s services on the parent, and the kids are removed from the home as a “precautionary measure”, the caller is 100% immune from any type of civil or criminal action. The original theory was that even if there was truly serious danger towards a child, if the next door neighbor called, they would fear retaliation, a law suit, where even if they won, defending themselves would break them financially. So the laws were written to protect the good faith, concerned caller. They were immune from any action. Now, we ALL know that this is seriously abused by some. With an impending divorce, some or many women file these types of complaints against their soon to be ex-husbands. This just positions them for higher alimony and child support, and control over the children that they vindictively use as a weapon against their exes. Even if there is no evidence to support their claim. A n originally well meaning law, many written after high profile children’s deaths that made national news. The problem is, it took almost no time at all to be perverted and corrupted into a personal vendetta, divorce strategy. I spent 20 years on the streets as an advanced life support Paramedic. I saw this too many times to count. I was deposed and had to testify many, many times as the first “official” on the scene after one of these calls prompted a 911 call by the children’s services person. It will take NO TIME AT ALL for the same thing to happen with these red flag laws. They will be abused. by scorned ex girlfriends, pissed off wives, mother’s-in law, etc, etc. These laws MUST be stopped. This is something the NRA and every gun organization in the country MUST jump on, with full fury, to stop any more laws, and get the existing laws removed from the books. If that’s not possible, remove ANY immunity from the caller. Civil lawsuits MUST be permitted. PLUS, criminal charges of filing a false report, perjury charges etc. Anything to stop false reporting, and the use of these laws as a vindictive tool for those wishing to use it that way.
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