Red Flag laws: The Democrat’s strategy to destroy our Second Amendment.
Deadly Red-Flag laws. This restrictive gun policy objective entails expanding the list of individuals who are not permitted to own or possess firearms.
New Progressive Left Democratic Party candidates for U.S. President—namely, the front runners—all support across the board State enactment of so-called “Red Flag” laws.
Several States have already enacted such laws, and all of them either directly infringe the Second Amendment or otherwise come dangerously close to doing so and certainly impinge upon one’s exercise of the Second Amendment right of the people to keep and bear arms. Although the text of these laws as they presently exist in those jurisdictions that presently have them, or that are otherwise in the process of enacting Red Flag laws or considering enacting Red Flag laws, do vary from State to State.
But, all of these Red Flag laws have one defining characteristic: they all operate ex parte. What does that mean? It means that Courts conduct hearings where only one party to the action is present at the hearing, namely the party who is attempting to obtain a Court order against another party who is not initially present at the Court hearing to defend his interests.
The interest at stake here is retention of one’s personal property, namely, one’s firearms. In an ex parte hearing, under Red Flag laws, one party, or side, at the hearing seeks a Court order requiring the other party, who isn’t present at the hearing, an American citizen who has committed no crime but whom the accuser is claiming is nonetheless dangerous because that person has firearms in his or her possession,. to surrender those firearms to Governmental authority. Thus, the accuser is seeking the removal of that person’s personal property, that person’s firearms— prior to the affected party’s ability to present a case in his or her defense, who would obviously wish to keep his personal property but cannot do so because the affected party has no opportunity to confront the accuser until some point subsequent to the actual removal of the person’s personality, their firearms, assuming the Court issues an order requiring the surrendering of weapons to Governmental authority. It is only after the fact, the removal of the firearms–the personal property–takes place, that a hearing is conducted where both sides are present and the party, against whom the action was taken, attempts to make a case for restoration of his personal property. All of these “Red Flag” laws, play on some variation of this theme and all of them impinge upon or are in danger of impinging upon the due process clause of the Fourteenth Amendment. So, all of these “Red Flag” laws are Constitutionally suspect and they all should be scrutinized before enactment to see if they pass Constitutional muster. But, that never happens.
by The Arbalest Quarrel via Ammoland.com