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Law & Order
Floridas new Red flag law
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<blockquote data-quote="Glocktogo" data-source="post: 3140450" data-attributes="member: 1132"><p>This law isn't a mere 2nd Amendment infringement. It's an infringement of the aggrieved party's 1st, 2nd, 4th and 14th Amendment rights. When a state law infringes on this many rights in such an egregious manner, it should be subject to an immediate federal injunction until a final adjudication of the law can be made.</p><p></p><p>The problem here is that there's a right way and a wrong way to do this, and the FL law as it's written is the absolute worst way to do what they want to do. If you want to deny a person their 2nd Amendment rights for psychological reasons, then you MUST provide Due Process and afford the accused the right to defend themselves in a court of law. No ifs, ands, or buts.</p><p></p><p>If a person is an immediate danger to themselves or others, then take that person into custody and have a mental health evaluation made. Allow that person to have an independent evaluation performed as well. If one or both evaluations conclude that the person is indeed a danger to themselves or others, then have a hearing where the accused has legal representation. If the person is adjudicated mentally incompetent THEN remove their firearms and put them on the prohibited person's list. Then afford the adjudicated an appeals process AND a process to meet conditions for having their rights restored.</p><p></p><p>Anything less is an injustice and should be resoundingly rejected. <img src="/images/smilies/frown.png" class="smilie" loading="lazy" alt=":(" title="Frown :(" data-shortname=":(" /></p></blockquote><p></p>
[QUOTE="Glocktogo, post: 3140450, member: 1132"] This law isn't a mere 2nd Amendment infringement. It's an infringement of the aggrieved party's 1st, 2nd, 4th and 14th Amendment rights. When a state law infringes on this many rights in such an egregious manner, it should be subject to an immediate federal injunction until a final adjudication of the law can be made. The problem here is that there's a right way and a wrong way to do this, and the FL law as it's written is the absolute worst way to do what they want to do. If you want to deny a person their 2nd Amendment rights for psychological reasons, then you MUST provide Due Process and afford the accused the right to defend themselves in a court of law. No ifs, ands, or buts. If a person is an immediate danger to themselves or others, then take that person into custody and have a mental health evaluation made. Allow that person to have an independent evaluation performed as well. If one or both evaluations conclude that the person is indeed a danger to themselves or others, then have a hearing where the accused has legal representation. If the person is adjudicated mentally incompetent THEN remove their firearms and put them on the prohibited person's list. Then afford the adjudicated an appeals process AND a process to meet conditions for having their rights restored. Anything less is an injustice and should be resoundingly rejected. :( [/QUOTE]
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