104

And you were doing so well.

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Reasonable suspicion only justifies a stop.

106

Sure, sure.

107

It’s a fishing license.

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@WildRose - Got busy. But here is a link to the law. As you see “Neighbor saw someone kicking off a trash can” is not enough to get a court to issue a warrant.

http://lis.virginia.gov/cgi-bin/legp604.exe?ses=201&typ=bil&val=sb240

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For which the person needs to hire an attorney and file to get back their weapons.

Anyone can claim anything to a commonwealth attorney or law enforcement officer to get a red flag order. They’re not investigated.

Also the cops can destroy, sell, or do anything wish with those firearms once they’re seized. The target of the red flag has no recourse in even getting their firearms back.

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110

No - they cant. I posted a link to the law.
Take the 4 mins and read it.
Cause they can not destroy it, they can not sell it, there has to be evidence presented to a judge, a judge has to issue a warrant, and the guns have to be returned in 14 days unless a order is extended, and even then the weapons HAVE to be returned in 180 days.

Read the law. You will still disagree with it, but at least you wont say things that are 100% untrue.

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B. Any law-enforcement agency or law-enforcement officer that takes into custody, stores, possesses, or transports a firearm pursuant to § 19.2-152.13 or 19.2-152.14, or by a search warrant for a person who has failed to voluntarily relinquish his firearm, shall be immune from civil or criminal liability for any damage to or deterioration, loss, or theft of such firearm.

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BTW - Dont just read the summary. Read the actual law.

1- What you need to remove.
In determining whether probable cause for the issuance of an order exists,
418 the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force,
419 or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself,
420 and whether any reasonable alternative exists. No petition shall be filed unless an independent
421 investigation has been conducted by law enforcement that determines that grounds for the petition exist.
422 The order shall contain a statement (i) informing the person who is subject to the order of the
423 requirements and penalties under § 18.2-308.1:6, including that it is unlawful for such person to
424 purchase, possess, or transport a firearm for the duration of the order and that such person is required
425 to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such person to
426 voluntarily relinquish any firearm within his custody to the law-enforcement agency that serves the
427 order.

BTW - also - they set a standard "A judge must rule that it is a clear and convincing evidence

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That doesn’t say they can destroy it at will. In fact -the immunity they grant is ONLY for those that do not VOLUNTARILY turn over the weapon if a order is issued.

also -in addition - in the actual law -if your guns are taken from you, you can have them stored by anyone you want over the age of 21 as long as they are eligible to own a weapon.

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So to recap - There has to be a complaint. There has to be a independent investigation. It has to be presented to a judge and the court has to rule that there is clear and convincing evidence. Then - the person who is being told to give up their weapons can have someone else hold it instead of the police. The order will expire after 14 days unless re-filed and the court agrees. It can only be held for 180 days total after that.

You may not like it -but that sure sounds a lot like Due Process.

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So they issue an order, have a warrant at someone’s house… he or she isn’t home. They break in and seize weapons, they’re considered involuntarily seized, then they go missing. Yeah, no chance for abuse there. Cops are fully protected.

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You are gonna set a record for number of times you are wrong simply because you wont read the law.

A search warrant can only be issued if law enforcement has reason to believe that the person after being notified has not surrendered all weapons.
So if no one is home - No - they can not barge in because a search warrant would not have been issued yet.

Lines 409 to line 620
http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB240ES3+pdf

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So all they have to say is they don’t believe the guy then bust in. Cool.

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And I’m sure liberal judges will jump at the chance to sign these orders.

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So what mechanism do you have to determine that? Three oracles, like in “Minority Report”?

Have you ever heard of the legal term “prior restraint”?

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You sure are a trusting soul.

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I’m pretty sure you and I agree on the topic.

When it comes to the 2d Amendment and the founders, there were multiple reasons for the right to bear arms. The founders were suspect of a strong central government. The previous one had suppressed their rights and triggered the “shot heard around the world” when troops of that government moved to seize colonial militia arms and stores, to disarm the colonists.

In order for the militias of that day, and the unorganized militia of today, to function, the citizen soldier called up must provide their own arms, ammunition and other equipment.

From my previous post: “The unorganized militia receives no equipment, facilities or training from the government, existing as it always has from colonial times. The citizen, providing his own arms and equipment, called up on a volunteer basis in times of need.”

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Some of them. Others wanted one and got it.

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123

Where are you pulling this example from?

Person freaks out on their trash cans, neighbors call it in. Cop shows up and the guy/gal is irate.

That would be grounds for the ERPO.