It is how the law can be abused to our detriment.
While red flag law can be utilized to disarm someone that is a true danger to society, it can be abused to disarm practically anyone. It doesn't take a whole lot to get the powers that be knocking your door down to confiscate someone's guns.
Even though they add that a person has a right to a hearing means nothing if the victim of the law faces some kind of a liberal judge. It also likely means that the accused is going to have to cough up a lot of money to defend himself in court.
Needless to say this royally screws the poor.
It will tend also to get more strictly enforced as time passes. Probably to the point where someone can say they are in fear of anyone in their town that owns a firearm is enough to have the entire town disarmed.
To find out why the blog is pink just cut and paste this:
http://piccoloshash.blogspot.com/2009/12/my-feminine-side-blog-stays-pink.html NO ANIMALS WERE HARMED IN THE WRITING OF TODAY'S ESSAY
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We need an Anti-Red Flag Statute, where any costs someone "Red Flagged" who challenges the "Red Flag" action AND wins is directly compensated from the budgets of the court and police who launched the Red Flag action.
ReplyDeleteThe compensation should be not only their fees, but a statutory three times their actual costs. They should also be compensated on a set hourly rate for their time.
Anyone pulling the Red Flag version of swatting, that is knowingly initiating a false Red Flag, get ninety days in jail, plus can be sued for their mischief. They of course will be Red Flagged themselves as part of their punishment.
Serial Red Flag abusers will receive a felony charge and be expected to serve either their full sentence or an enlistment in the military if they will take them.
No anonymous Reg Flags can be allowed, with all information made public unless the person the subject of the Red Flag requests information being withheld.
Where does this all go?
If you know a person in a situation that really should be Red Flagged you are going to try to get them Red Flagged regardless of potential backlash. It would be worth it to your safety to risk scrutiny by the courts as the person calling in the Red Flag as your personal safety depends on the Red Flag.
If you are anywhere on that spectrum of activist to mischievous, you are not going to call in a Red Flag knowing you will personally pay a high price for using the law as a tool.
We should also consider including yet another circumstance of the person who recognizes a real Red Flag situation but chooses to not report it.
That person should be considered an accomplice to the person that should be Red Flagged, should risk being charged and risk being sued for culpability.