Update: 1/15/20
The following Red Flag proposal has been advanced and supported by some Virginia Republicans like State Senator Hanger (R-24). 804-698-7524
Senate Bill 240:
SUMMARY AS INTRODUCED:
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill
"Red Flag Laws" stand in direct violation of multiple Constitutional rights" (Washington Examiner)
The debate in the Commonwealth of Virginia of over "gun safety" will inevitably include the anti-freedom and liberty procedures known as "red flag" laws. These laws get enacted when the political elite seeking greater control over a populous seek to enact laws that provide greater control to the governments and its martial state endeavors over the an individuals liberty.
The debate is far more than just the banning of guns, gun registration and confiscation. The Progressive agenda in Virginia is broad, sweeping agenda that compromises more than just the 2A. In truth, Progressives have demonstrated little respect for the Constitution and see it as a mere obstacle which they indeed to counter with "a thousand cuts".
Violating 2A rights is not the only violation on the agenda in Virginia. How about the violation of 4A, 5A and 6A rights,
Many of you may remember the Tom Cruise movie Minority Report. This movie moved society decades into the future where law enforcement used "pre-crime" measures to remove individuals whom were likely or could be predicted to commit crimes in the future.
This is not unlike the data mining of your social media and email activities without your knowledge that goes on everyday. Predictive modeling behaviors in order to sell you or market products to you based on your activity seems innocent enough until your activity like posts and comments or even likes can be used to determine if you may pose a threat to yourself or others.
These laws are called "extreme risk protection laws" by some. Many polls cite Republican support for such orders and thus in all likelihood will be enacted in Virginia in 2020. Recent surveys state that a mere 24% of gun owners reject "red flag" laws.
In this case of these laws, your 1A rights are used against you. Your speech is no longer "free" because your very speech or activity can result in you being "red flagged" by anyone that opposes your statement or position. In fact, all they would need to report is they feel threatened or intimidated by your speech. In Virginia, this is the direction they are moving in in a clear attempt to remove individuals who represent political opposition to them and their agenda.
Calls for rallies and marches on Richmond could be construed as threatening to the political class and the "order" of the day. Thus, upon being reported an individual would be detained and immediately have his life placed under review by authorities resulting in immediate confiscation of firearms without any due process of law.
Meaning the mere accusation results in your right to bear arms to be violated even before any court ordered review is conducted by the judiciary. The "red flag" laws are written intentionally to be vague and often get support from both Democrats and Republicans. Those detained in many instances are not even guaranteed counsel for court because these actions are taken civilly by the State not criminally. Though an individual may have broken no laws, may have violated no laws or used his firearm in any manner it will no longer matter in truth.
One is guilty under "red flag" laws UNTIL proven innocent. In many states individuals can petition for an individual to have their rights violated in this manner where in some it require law enforcement to request the removal of firearms or in effect "confiscation" of property.
Understand a firearm is "property" and the State is in fact confiscating personal property when a "red flag" order is enacted. Often orders are drawn to remove firearms for a period of time not unlike a protective or no contact (restraining) order for an individual but the point here is the firearm is removed without the intervention of a court or judge order in most cases. It could be weeks before a judge even hears a case involving "red flag" situation.
New York State even enacted "red flag" laws where school officials can request the order.
In many instances the ACLU removes neutral on these bills even when they blatantly run against individual liberties.
"Red Flag" laws have become and integral part of the Progressive "gun safety" agenda especially in wake of mass shootings in an effort to convince citizens that by giving up "some" of their rights everyone will be safer. Yet very little evidence of what Progressive profess is born out by many of the facts that exist regarding gun violence.
These laws are gaining support because people focus merely on the "prevention" aspect in the hopes mass shooting can be prevented and yet little is talked about regarding the rights that are surrendered and frankly just how these laws can be abused.
If one is going to have their individual rights and freedoms violated by the State than it must be done with higher standard of judicial due process and review. The infringements on due process and even separation of powers should concern all Virginians, however the greater concern is the fact that Republicans in Virginia may go along with the Virginia Democrats.
The New York Times characterized this about Red Flag Laws:
"They are state laws that authorize courts to issue a special type of protection order, allowing the police to temporarily confiscate firearms from people who are deemed by a judge to be a danger to themselves or to others.
Often, the request for the order will come from relatives or friends concerned about a loved one who owns one or more guns and has expressed suicidal thoughts or discussed shooting people. The authorities may also request an order."
See here for survey data:
In light of the Progressive efforts to enact any number of measures that will not address "gun safety" at all all of these measures should be opposed by the very same movement supporting gun sanctuaries because they are all assaults on the U.S. Constitution.
#redflaglaws #everytownforgunsafety #2A #guncontrol #gunviolence #VaGop #VaDems #virginiaguns #gunrights
#redflaglaws #everytownforgunsafety #2A #guncontrol #gunviolence #VaGop #VaDems #virginiaguns #gunrights
So they use a leftist poll from APM 1100 respondents are supposed to dictate raping individuals rights to due process? And they enact these aggregous laws on whims of impunity. People have and will die, people from both sides. It's becoming more clear why Soros and Bloomberg spent over 4 million buying Commonwealth Attorneys in VA. Everyone if them need recalled, immediately.
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