New Lunacy from Virginia

Mountain_Soldier · 2020-09-22T11:16:35.882Z

WCD9973:

and Scalia wrote what was on page 54-56

Starts with “Like most rights, the right secured by the Second
Amendment is not unlimited…”
https://www.supremecourt.gov/opinions/07pdf/07-290.pdf

So just to be clear. You can disagree and think the laws in VA are unconstitutional - But your opinion is just your opinion. The courts have ruled that they are not.
So until that changes - your statement that I support unconstitutional laws, are factually, inaccurate.

How’s this? If you have your firearms taken by the authorities in VA, that’s considered a civil matter. Not criminal. You do not have the right to legal counsel in order to try to get back your firearms. So if you can’t afford an attorney, you will not have one provided for you. It’s up to you to go against the prosecutors and attorneys of the state. It’s only a constitutional right… to keep and bear arms. I know you won’t care but this is an effect of the law.

Mountain_Soldier · 2020-09-22T11:35:17.443Z

WCD9973:

You know, I love debates. But I do expect the person im debating with to at least have some knowladge of the actual debate.
I posted the law, even when and explained all the steps that have to be taken BEFORE a weapon is taken.

It is a higher standard then that restraining order and almost equal to that of arrest warrant (Both of which happen BEFORE a trail).

Im not gonna keep reposting it. If you would like to debate the gaps in that Im all ears.
But simply stating there is no “Due process” when in fact -there are multiple steps of due process BEFORE any action is taken.

Well it’s not playing out that way.

In another case in Frederick County, a man whose guns were seized under a temporary substantial risk order had them returned last week after a judge denied a prosecutor’s attempt to extend the order permanently. The man testified during a Sept. 11 hearing that his son and father, who obtained the order against him, lied to police that he pulled a pistol on his son in their home on Sept. 2, The Winchester Star reported.

“The red flag law is wrong because anybody who is spiteful can have someone’s guns taken from them,” the man told the presiding judge before two semi-automatic rifles, a hunting rifle and three pistols were returned to him, according to the newspaper’s account.

To confiscate the man’s weapons, the law requires authorities prove “by clear and convincing evidence” that he poses a substantial risk of personal injury to himself or other individuals in the near future. The judge found no such grounds, saying that “there are no witnesses that say a gun was pointed at them,” reported the Star, which noted the man’s accusers did not show up in court to testify.

Please note the last sentence. The man’s accusers didn’t even show up to testify to the red flag law being issued and they issued it anyway. That prosecutor or attorney should be fired but he won’t be.

WCD9973 · 2020-09-22T12:04:23.216Z

Sounds like the system worked perfectly.
A judge heard the evidence and decided it didn’t meet the standard and his weapons were returned to him immediately.

Are you saying no one has ever been arrested on false charges that have then been thrown out?? Unfortunately nothing is perfect but as long as it’s quickly fixed, it’s working

Myst really drive you nuts that after all this uproar and protests that Dems still have high approval ratings in the state doesn’t it?
VA is now solidly blue and Dems are fulfilling the promises they made that got them elected.

Mountain_Soldier · 2020-09-22T12:18:12.644Z

What about not getting an attorney when having your constitutional rights taken away?

WCD9973 · 2020-09-22T12:28:38.930Z

I need to look at the case and process. I need a lawyer when a judge sets high bail (against consitution) and need a lawyer when I’m sued for defamation (free speech).
I would say at a min that if you hire a lawyer and win, legal costs should be paid by the state.

Samm · 2020-09-22T20:34:16.325Z

WCD9973:

Sounds like the system worked perfectly.

How is that? Only if you mean the law was used to harass a citizen and cause him much inconvenience and expense did it work perfectly. We, as law abiding citizens, should never be put in such a position without clear evidence and due process.

WCD9973 · 2020-09-22T20:42:55.443Z

The system can not, and does not, gurantee a perfect system. Only a fair system.
No one should be put in that position without clear evidence and due proccess. Agreed. And when it happens, there should be safe guards right away to fix it.
Such as
Bail
Primlary hearings
Grand juries
and Judges.

The man was wrongly accused of something and had his guns taken. A judge quickly restored them. HE should 100% be able to file a complaint against the person who took his guns.

Unfortuatnly -due to qualified immunity - It prob wont matter. But im all for getting rid of qualified immunity. You?

Samm · 2020-09-22T20:48:55.866Z

WCD9973:

The system can not, and does not, gurantee a perfect system. Only a fair system.
No one should be put in that position without clear evidence and due proccess. Agreed. And when it happens, there should be safe guards right away to fix it.
Such as
Bail
Primlary hearings
Grand juries
and Judges.

The man was wrongly accused of something and had his guns taken. A judge quickly restored them. HE should 100% be able to file a complaint against the person who took his guns.

Unfortuatnly -due to qualified immunity - It prob wont matter. But im all for getting rid of qualified immunity. You?

This case demonstrates the fallacy of the system. A man had property confiscated on what was essentially a rumor and had to spend time and money for the property to be returned. Just because he was successful in getting his property back does not mean the system worked. Had it worked, he would have never lost his property in the first place. In general, Red Flag laws are doomed to fail in the context of the 4th and 5th Amendments.

biggestal99 · 2020-09-22T22:13:10.060Z

markdido:

On top of all the anti-gun, anti 2A crap coming out of VA, comes this gem.

States have the right to regulate businesses as they see fit.

Has nothing to do with second amendment rights.

Allan

markdido · 2020-09-22T22:32:33.423Z

biggestal99:

markdido:

On top of all the anti-gun, anti 2A crap coming out of VA, comes this gem.

States have the right to regulate businesses as they see fit.

Has nothing to do with second amendment rights.

Allan

So based on your logic, it would be be cool with you if states banned Planned Parenthood clinics?

WuWei · 2020-09-22T22:33:11.683Z

Ouch!

biggestal99 · 2020-09-22T22:38:36.576Z

markdido:

So based on your logic, it would be be cool with you if states banned Planned Parenthood clinics?

That would against roe v wade.

There is no constitutional precedent regarding shooting ranges.

Bad analogy. Try again.

Allan

markdido · 2020-09-22T22:44:09.772Z

biggestal99:

markdido:

So based on your logic, it would be be cool with you if states banned Planned Parenthood clinics?

That would against roe v wade.

There is no constitutional precedent regarding shooting ranges.

Bad analogy. Try again.

Allan

Roe v Wade doesn’t regulate abortion mills
Try again.

biggestal99 · 2020-09-22T22:45:57.210Z

markdido:

Roe v Wade doesn’t regulate abortion mills
Try again

You can’t close PP on a whim.

Try again.

Allan

markdido · 2020-09-22T22:52:47.866Z

biggestal99:

States have the right to regulate businesses as they see fit.

biggestal99:

markdido:

Roe v Wade doesn’t regulate abortion mills
Try again

You can’t close PP on a whim.

Try again.

Allan

“States have the right to regulate businesses as they see fit.”

So this statement of yours is wrong?

Quit digging dude.

biggestal99 · 2020-09-23T09:10:30.502Z

markdido:

“States have the right to regulate businesses as they see fit.”

So this statement of yours is wrong?

Quit digging dude.

Comn dude you know what I mean.

Semantics anyone?

Allan

Mountain_Soldier · 2020-09-23T12:20:36.617Z

WCD9973:

Sounds like the system worked perfectly.
A judge heard the evidence and decided it didn’t meet the standard and his weapons were returned to him immediately.

Are you saying no one has ever been arrested on false charges that have then been thrown out?? Unfortunately nothing is perfect but as long as it’s quickly fixed, it’s working

Myst really drive you nuts that after all this uproar and protests that Dems still have high approval ratings in the state doesn’t it?
VA is now solidly blue and Dems are fulfilling the promises they made that got them elected.

No repercussions for the false claim, apparently. So that part of the law is a lie. Anyone can make a claim and it will get rubber stamped.

WCD9973 · 2020-09-23T12:38:41.288Z

So you are now with BLM and the left on getting rid of qualified immunity right?

I’m with you! Police and prosecutor act on flimmsy evidence, no matter if it’s stopping, detaining and handcuffing a black man based on a generic “fits a discrption” or removing someone’s guns because “1 person called” it should not be allowed and the cops and prosecution should be held accountable.

Agreed??

Mountain_Soldier · 2020-09-23T13:11:10.124Z

WCD9973:

So you are now with BLM and the left on getting rid of qualified immunity right?

I’m with you! Police and prosecutor act on flimmsy evidence, no matter if it’s stopping, detaining and handcuffing a black man based on a generic “fits a discrption” or removing someone’s guns because “1 person called” it should not be allowed and the cops and prosecution should be held accountable.

Agreed??

I’m all for getting rid of qualified immunity. And prosecuting those that filed phony red flag law requests.

WCD9973 · 2020-09-23T13:49:50.189Z

There you go. We agere.