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Joined: Nov 2005
Posts: 6,168
Campfire Tracker
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Campfire Tracker
Joined: Nov 2005
Posts: 6,168 |
"The petition must state, under oath, why the petitioner believes the respondent poses a risk of injuring someone." = Supported by oath or affirmation = their version of due process. "As with other types of restraining orders, violating an extreme risk prevention order, such as by refusing or failing to surrender firearms or licenses, is a criminal offense." https://www.bostonlawyerblog.com/ma...scate-weapons-based-on-a-risk-of-injury/Once you tell the cops you ain't givin up your gear, you've committed a crime, and they have probable cause to kill the shat outta you. That prolly works on some.. But imagine two different scenarios. 1) A guy that knows his rights and ain't having none of it. 2) The guy that IS batschidt crazy. I don't think I'd volunteer for serving those.  The more cops have trouble serving these orders the more they will take steps for officer safety, things will degrade from a knock on the door at dinner time to a no-knock at 3:30 am and if you lucky all you will loose is the family dog and your collection.
The collection of taxes which are not absolutely required, which do not beyond reasonable doubt contribute to public welfare, is only a species of legalized larceny. Under this Republic the rewards of industry belong to those who earn them. Coolidge
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Joined: Aug 2004
Posts: 69,650 Likes: 12
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,650 Likes: 12 |
The more cops have trouble serving these orders the more they will take steps for officer safety, things will degrade from a knock on the door at dinner time to a no-knock at 3:30 am and if you lucky all you will loose is the family dog and your collection. LOL. Yeah. Kinda sounds like Hitler's Gestapo, huh?
Molɔ̀ːn Labé Skýla!
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
This is really nothing new. Just a furthering of existing unconstitutional BS.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Aug 2004
Posts: 69,650 Likes: 12
Campfire Kahuna
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Campfire Kahuna
Joined: Aug 2004
Posts: 69,650 Likes: 12 |
This is really nothing new. Just a furthering of existing unconstitutional BS. Yes, and like a snowball, it's cumulative.
Molɔ̀ːn Labé Skýla!
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Joined: Nov 2005
Posts: 54,284
Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2005
Posts: 54,284 |
I'm as interested as anyone in keeping firearms out of the hands of nutty people. But it seems to me that Red Flag laws have a serious problem at their core.
The Fourth Amendment provides:
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If an officer shows up at a house to confiscate firearms from the owner, and if the owner is not inclined to cooperate, then a search warrant would have to be issued to allow the officer to enter and search for the firearms. But there has not yet been a crime, and therefore no probable cause, and no warrant could be issued. So the officer is in a position of having no legal basis for a search.
Comment?
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