Home Forums Hunting & Shooting Hunter's Campfire NY Red Flag Law Unconstitutional

If you're going to take their guns, shouldn't you take the car? Knives? Baseball bats? Lighters? Gasoline? Hockey sticks? Axe? Hammer? Nail gun? Acetone? Bleach? Sticks? Steel toed shoes? Glass? Kitchen utensils?


There is nothing confusing about the Bill of Rights and the US Constitution.

Let's let any Karen with a bag full of issues decide who gets to own a gun. Yeah, that'll work.

Here's a tidbit from NY's ERPO application:


I have no proof that I own any of my guns. I have no bill of sale or receipts and Idaho doesn't require them to be registered. There's no paper trail. If this law was in effect here in Idaho, I wouldn't be able to get my guns back. Then, if whoever filed the application doesn't want you to get them back, regardless of legal ownership, he can drag you through a hearing process.

No one ever claimed that living within societies that respect basic rights, and have rule of law, creates perfect safety for all. Just that it's far better than the alternative.

Well said.

Thank you.

YES, we have taken keys and put kitchen knives in the safe, and locked bedroom doors.
We are talking about people who belong in a hospital, but the system is geared to allow them NOT to be hospitalized.
Straight up, you are given the choice of dealing with it in your home, or pushing your child into the street, really, those will be your choices. If your loved one lives alone it’s just as hard. Think Berkowitz, or any others who had voices tell them what to do, it’s scary schitt, trust me.

Let me give you an example, my daughter once in full mania, took a frozen Turkey out of the freezer, put it on her front lawn, doused it with lighter fluid and lit it on fire. She told the neighbors she was cooking it, and asked them if they would like some when it was done cooking.
Cops were called, she was 5150’d, we begged the hospital to keep her in until she is medicated, three days later the released her, still manic as hell. Should I have recourse to get her guns from her?

She is doing well today, on her meds, back in school, very mellow and clear headed, but the monster is always there under the surface.

So Barkoff, do you live with someone or have a family member who is bipolar and they have access to guns?

The result of liberalism. The solution to liberalism isn't more liberalism.

WTF are you talking about, I don’t give a schiit how you want to label it.

Well, yes, I live with somebody bipolar, she is doing well for the last year, but yes, I still lock up my all firearms. Before she was medicated and moved back home, she lived on her own in a condo, if she would have had a firearm which legally she could have obtained, I would have done everything in my power to get it from her.

To most of you this is an exercise in constitutional debate, for others a F-ing nightmare that gives you a personal insight.

I fully understand how these laws will be misused and agenda driven, all I’m asking for is a solution, one that defines real mental illness from a pissed off ex-wife

The NY ruling pretty well resolved the standard for taking the firearms of someone who has mental issues.

The existing law is unconstitutional because there is no due process. A simple request by just about anybody, with no evidence, and no right for the accused to present a defense does not meet the bar of due process.

The judge ruled that the standard for confiscating firearms has to be as high as the standard for involuntarily committing someone or sending them to prison.

Why am I not surprised?

So you locking up your guns keeps her from getting a different gun?

If they have been adjudicated mentally deficient by a court of law, they can legally told they cannot have a firearm. Just like any felon released from prison, that works doesn't it.

You become a bigger dipshit by the day.

Naturally, your ilk would feel that way.

That's all too inconvenient for the likes of Barkie.

No, too slow. When some people go manic, they can go from normal to out of their gourd in a matter of a few days, what would work is if the law maintained you could take the guns so long as the person is guaranteed a hearing within three days.
There are a lot of laws I would like to see put on the books, if anyone is 5150'd more than twice in one month, the family can petition the court to h ave their loved one institutionalized. As much as I hate the hell out of Gavin Newsom, he is finally seeing the light..

Up to two years forced treatment. Most people would respond in under six months. My daughter was 5150'd EIGHT TIMES in one year, every time they let her out in three days, AGAINST our pleas to keep her in.



 Excerpt.

People could come into the program through short-term involuntary hospital stays (also known as “5150s”), through the criminal justice system or at the recommendation of family members, mental health providers or first responders, among others. They would not need to be homeless to participate.

The court would order a tailored plan involving some combination of housing, medication and services, and would offer the support of a full clinical team, as well as a public defender and a “supporter” who could help a participant make care decisions and prepare advanced mental health directives.

Unlike with conservatorships, which can be indefinite, participation would be time limited – one year, with the possibility of an additional one-year extension.

A stream of state and local leaders spoke to the urgency of the need at the news conference, held on the San Jose campus of Momentum for Health, a behavioral health treatment organization. 


 Before this when a person was 5150'd they would get a hearing in three days. Only the bad cases would be held over on a 5250, which is a three week hold. after that, 95% are right back out on the street, but I would say 90% never even get 5250'd It is a worthless revolving door, and it gives families NO recourse, NONE!