Problems with enforcing ‘red flag’ laws are worse than you think

Problems with enforcing ‘red flag’ laws are worse than you think
File image. Confiscated guns. CNN video

[Ed. – California experience with anything peremptory and regulatory: evergreen.]

These kinds of court orders are usually obtained from a judge ex parte. That’s fancy Latin for: The judge only hears one side of the story, it is not your side, and you may not even know about it until after the fact. …

The initial temporary orders are usually “self-executing.” That means you might get served with a court order that tells you to take your guns and surrender them to the police or a local dealer within the next 24 to 48 hours.

You are, of course, expected to comply. But since you cannot legally possess guns upon being served with the order, how are you supposed to transport your guns to surrender them? …

Trending: In ‘red flag’ gun bill, House Dems want to flag high-risk individuals; just not police-identified gang members

if you live with someone that gets a red flag order issued against them, then you and others living in the same home risk losing your guns, too. …

Ask Lori Rodriguez, a plaintiff in a case that has been kicking around the California and federal courts for six years. The Ninth Circuit Court recently invented a new exception to the Fourth Amendment’s warrant requirement. The court approved the police seizing Rodriguez’s firearm which was owned, registered, and locked in a gun safe , from her, while the police were at the home seizing firearms from a different family member.

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