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Originally Posted by Doc Intrepid
It isn't difficult to conceive of ways Red Flag laws could be misused by someone who carries a grudge or otherwise wishes to register disapproval or other malevolent intent.
The second bullet includes "all dating partners". How many reading this have ever broken up with a dating partner who may well have borne a grudge?
There is no exemption or material defense against some malevolent person making a specious claim. (There are laws against lying to police, however, once the claim is made it remains within the system as de facto legitimate – requiring extraordinary efforts to remove it.)
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Too true.
I don't have links, but there was a case a couple of years ago in which a police officer shot and killed a young man who charged the officer with a knife. Body cam footage showed clearly that the officer retreated probably 75 or 100 feet, constantly telling the kid to drop the knife, before the kid finally charged and the cop shot him.
So the bereaved mother proceeded to file a red flag complaint against the officer. I don't remember what state it was (Colorado, maybe?), but they had a shiny new red flag law, so mommy dearest used to. She claimed the officer was a threat to society, and in order to gain standing to file the complaint she lied and claimed that she had a child in common with the officer.
And it took well over a year before the state got around to charging her with perjury.
Found it. Here it is:
https://fox2now.com/news/mom-uses-re...d-her-son-tmw/
https://www.rallyforourrights.com/br...ng-on-youtube/
This article says the cop told the kid to put the knife down 36 times, and he retreated 113 feet before shooting:
https://collegian.com/2020/02/catego...rjury-charges/
And she's still scoffing at the law -- in general, not just the red flag law:
https://www.msn.com/en-us/news/crime...cer/ar-AAMWFNJ