I posted this personal anecdote before, but because it is about how red flag type laws work in the liberal paradise of California, here it is again...expect this to happen nationwide. As a reminder, I'm a lawyer, I've practiced before the US Supreme Court and I've had Second Amendment articles published in law reviews, yet the judge simply refused to respect the Constitution and knew there was nothing I could do about it short of taking the case all the way to the Supreme Court, which I wasn't planning on.
"My cousin (who lives in California) got into an argument with the business next door to his. There was no violence, no threats of violence, just two business owners arguing over parking spots.
In California, though, not only are there "red flag" laws there are all sorts of other laws that allow for the confiscation of firearms. My cousin's business neighbor happened to be over 65 years old and he filed for an "elder abuse" restraining order against my cousin. The order was granted and the court ordered my cousin to give up all of his firearms.
I went to court on behalf of my cousin to argue that the elder abuse law was never intended to be used for business disputes and even if there was a basis for its use in this case, any gun related orders should only apply to the place of business, not my cousin's home. I argued that by issuing the order over a parking spot dispute the court was leaving my cousin without adequate means of defense in his home, something that even the Heller decision found to be covered by the Second Amendment.
No dice, the court refused to budge and agents came to my cousin's house and confiscated all of his guns and ammo.
The CA law had "due process" provisions yet the judge simply ruled that they had been complied with, as I had an opportunity to argue my position in court, and that satisfied due process requirements."
And let me guess who gets the proceeds from the sale of said merchandise, the State?
