Good day all. I haven’t really said anything about the notion of Red Flag laws, but now it is time to do so. The morons in Congress are beginning to think these would be a great idea. The reality is, the Red Flag laws are flat out unconstitutional in every way.
Florida passed one of the first Red Flag laws after the Parkland shooting. As is always the case, no one stopped to think if this was actually a good idea, or would even pass constitutional muster. The idea is to get guns out of the hands of dangerous people at least until things could be sorted out. The problem is that the person targeted has absolutely no say in the matter. A Red Flag notice is issued and his rights end, period. Do you think I’m kidding? Here’s one case in Florida that is going to blow up in the faces of the legislature from TownHall:
Extreme Risk Protection Orders (ERPOs), commonly referred to as “red flag laws,” have been at the forefront of the gun control debate. The idea is simple: if a person is deemed mentally unstable, and a risk to themselves or others, he or she can be stripped of their firearms.
Most people would think that this isn’t a bad idea. However, the reality is quite a bit different if a mistake is made.
Typically, family members, doctors and law enforcement have the power to petition a judge to deem the gun owner mentally unfit to own a firearm, at least for the time being. Some states, like Florida, have already implemented these laws. While they sound great on paper, they have a number of practicality issues. The biggest one is the lack of due process.
No kidding. It gets better. If you resist, they will jail or kill you.
Just last week, a man in Florida had his firearms confiscated simply because he had the same name as a criminal. That’s right. A man was stripped of his Second Amendment right…because the police failed to differentiate a law-abiding citizen with a thug.
And that just killed the Florida law. A totally innocent man had not just his 2nd Amendment rights stripped, but essentially ALL of them, all due to a case of mistaken identity, and he has no way to get this corrected. Here’s how this all happened.
According to Ammoland, Jonathan Carpenter received a certified letter from the Florida Department of Agriculture and Consumer Services saying his concealed handgun permit had been suspended for “acts of domestic violence or acts of repeat violations.”
This, apparently caught Mr. Carpenter by surprise, since he had never done these things. But as far as the gun grabbers are concerned, you are guilty until proven innocent.
Carpenter was forced to go to the Osceola County clerk’s office to have a form filled out stating he wasn’t the person law enforcement was looking for. At that point, the clerk instructed Carpenter to speak with the sheriff’s office.
I’m sure he just assumed it was going to be “My apologies sir, obviously this was an error. We will call in and get this corrected right away. Yeah, fat chance.
Even though it was evident they had the wrong man, Carpenter was forced to hand over his firearms. There was no hearing or any kind of court proceeding.
“The last thing on my mind was me having to turn over my gun,” Carpenter told AmmoLand. “I was upset when the Sheriff told me that I need to surrender my gun before any due process.”
Here’s where things get even more ridiculous.
Carpenter’s firearms had to remain in police custody until the plaintiff can say, in court, that he’s not the man that she filed a complaint against. He’d then have to petition the court to get his firearms back…and he would have to bear the cost. Carpenter will get his day in court later this month.
Since Mr. Carpenter doesn’t even come close to matching the description of the actual target of the order it should take the judge exactly 5 minutes to vacate it and order the return of his firearms and carry permit. However, this doesn’t fix the issue, and I have a strong suspicion that Mr. Carpenter’s case is going to be taken up by the NRA or some other group to hammer the Florida Red Flag law into the grave of bad laws.
Not only were Mr. Carpenter’s 2nd Amendment rights violated, his right of due process was violated, and if he had refused to bring in his guns, his 4th Amendment rights would have been trashed as well. In this country, you are presumed innocent until PROVEN guilty. Thanks to those morons in Florida and elsewhere, you are guilty until proven innocent.
These laws have already gotten one person killed, it’s only a matter of time until others are killed, including police officers. The absolute worst case scenario for the police is not the one person holding off, but the friends of that person who have had enough and come in behind the police and either force them to surrender, or open fire on them.
No one wants guns in the hands of lunatics, psychos and Democrats, but subverting the Constitution is not the way to solve the problem. It might behoove the scum and villains in Congress to try thinking for once in their useless lives about the consequences of their legislating on feelz and not on logic or with any regard to the Constitution of the United States of America.
Thatisall
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