You’re good with guilty until you can prove yourself innocent? Can we start applying that to other aspects of the law?
So a coworker can make a red flag claim, it will be signed… nobody sees any sort of flaw in this system?
No. Think of the children. Submit.
I can’t seem to find any statistics regarding the number of orders requested versus the number granted.
In California? 100%
But the “red flag” law has been criticized by those who say it violates Floridians’ constitutional rights. Though the legislation is meant to stop violent and/or mentally ill people from carrying out shootings, RPOs have been filed in some cases against perfectly sane, harmless people.
In March, Reason 's Jacob Sullum noted the case of Chris Velasquez, a 21-year-old student who allegedly fantasized on Reddit about shooting up schools. After police portrayed him as a serious threat, a judge issued a temporary RPO against him, even though he didn’t own a gun in the first place. Velasquez successfully argued that he was simply trolling, and **the judge declined** to extend the RPO.
Yes…it has created an additional workload to the court system and the expansion…plus the media hype…will create an even greater workload on the court system.
It would be totally abused just like the restraining orders are abused.
Anybody with an axe to grind would report red flags.
To paraphrase what I’ve heard so many times on these boards in the past: Hey, if you don’t want your guns taken away then don’t go raising any red flags!
I assume you know that we are discussing an expansion of a CALIFORNIA law.
Yep…and what will happen with in the court system. Since the change is happening now and you wanna pretend there will be no effect on the court system, a similar example of the past, is the best way to predict the future. Now…would you like to play obtuse some more?
Have you ever carried a gun in your life?
I think red flag laws can be carefully crafted to be constitutional, though not easily, not easily at all. I haven’t read any replies yet, or even the article, but Brown vetoing it is not a good sign. This should be interesting…
I don’t.
I know. I was going to take it up with you a couple of weeks ago.
Yes, there are. Whether or not the existing laws are enforced or not I don’t know, but it is a misdemeanor that can get you jail time.
Ex parte, guilty until proven innocent, little if zero oversight, anyone can make a claim…
I’m trying find any statistics regarding these laws. I can’t. I can’t find reports of a single person getting punished for filing a false claim.
So nobody collects stats on it, that doesn’t really mean much. The laws exist, that’s all I was trying to establish. Facts need to be acknowledged.
The main problem is: how do you prove someone lied about how they “Feel”?
A judge will want to know WHY someone “feeeels” a person is a danger and they should at the very least, grill them on the WHY and find solid reasoning. This derision of the idea based on feeeeelings is misplaced ridicule imo.
