I’m not trying to argue whether red flags are good or not, I don’t like them. But all the ones I’ve seen require an affidavit like a protective order or a warrant.
As I stated above, part of due process is the opportunity to contradict the charges (face your accuser) before a neutral judge, with the assistance of counsel.
You get that with a red flag, just like you do with a protective order. At least all the proposals that I’ve seen.
Not true. In most cases, the first time the victim knows there's any sort of legal action against him is when he gets the 5:00 AM knock on the door by the SWAT team. That's a violation of the notice requirement of due process.
No, not true. All that I’ve seen require a hearing anywhere from five to twenty-one days after the order is granted. And one won’t be granted without a sworn pleading and/or affidavit.
If you want to be mad about red flag orders, you should be FAR MORE upset about protective orders which are granted in the thousands every single day in every single jurisdiction of the country and not only restrict one’s access to firearms but restrict freedom of movement as well.
