Left wing fascists in New Jersey begin confiscating legally owned firearms

May 2019
896
934
West Haven
That's exactly right.

Why do you think Pelosi is refusing to have a vote for the Official Impeachment Inquiry?

She is denying the President due process.

This is what totalitarians do.

This is who the Left is.
Russian bots don't understand that an inquiry is an investigation, not a court of law.
The target and or sublect of an investigation can either cooperate or not.
Most of the time innocent people cooperate.
 
  • Like
Reactions: Bad Bob
Dec 2018
6,611
4,301
the Heart of America


Liberals hate the Constitution so they create laws to circumvent it.
Most of those guns were returned to their owners although the trend seems disturbing.


I have no problem separating a nutjob from their firearms, but I do insist there be due process involved. Both a process to remove the guns and also a process to return them. I think most of NJ’s laws will eventually be overturned in Federal court.
 

Ian Jeffrey

Council Hall
Mar 2013
77,296
46,677
Vulcan, down the street from Darth Vader
There is nothing unconstitutional per se about the concept of a "red flag" law. The general procedure is:
  1. The petitioner pleads a prima facie case for an emergency order, ex parte.
  2. The court grants the order if the statutory requirements are met.
  3. The gun(s) is/are removed pursuant to the order.
  4. The respondent requests a hearing at which the petitioner must prove his/her case according to the legal threshold (whether preponderance of the evidence, clear and convincing evidence, or some other standard).
  5. The court finds for either party and upholds or dismisses the order.
I can imagine some things in this process being unconstitutional, but not the general procedure. Due process is accounted for, in the same way as are other ex parte orders like restraining orders against domestic abuse, elder abuse, disabled-persons abuse, stalking and emergency custody. An emergency order granted ex parte always has provision for a hearing at the respondent's request at which the petitioner must prove his/her case. Due process is not lacking merely by the existence of such laws, though certain details could be unconstitutional.
 
  • Like
Reactions: jacobfitcher