Red flag laws — are they constitutional
Several states has had for years a red flag law. How does it actually work?
Not political, just want to understand the process
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Several states has had for years a red flag law. How does it actually work?
Not political, just want to understand the process
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Anyone else run into this? I thought I was the only one.
My two cents — don't overthink it. Just get what feels right in your hand and train with it.
Out here in West TX we've been watching this real close. Basically someone - could be family, cops, whoever - petitions a judge saying you're a danger. Judge can issue a temporary order to take your guns for up to 21 days, then there's a hearing. Problem is you don't get to defend yourself in that first hearing. Due process gets flipped on its head. IMO it's straight up unconstitutional but courts have been all over the map on it.
The process varies by state but generally it's a civil proceeding, not criminal. Lower burden of proof than criminal court. Some states let almost anyone petition, others limit it to family/law enforcement. The scary part is the ex parte orders - that's where they can take your property before you even know there's a case. I've seen cases where someone gets their guns back months later with no compensation for storage fees or damage.