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Old February 4, 2020, 09:24 PM   #55
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 21,578
Quote:
What stops a person who has his/her guns confiscated under red flag law from going to a gun shop and buying another one/more. Is NICS instantly updated?
Just as a guess, mind you, I'd say the same thing that stops them from going to an illegal dealer and buying a gun. Physically, NOTHING. Except, of course, violating the court order that seized their guns in the first place.

The whole point to the seizure is that "you may not possess..." and I'm pretty sure that would cover going out and buying a replacement for the seized gun(s).

If they serve you and seize your guns at 10:30AM and a 4pm you're in a gunshop buying more, the system may not be updated to flag you. BUT YOU ARE. Knowingly and willfully committing multiple felonies. For one thing, you'll have to lie on the 4473 form, which is a separate crime in itself.

I don't see any way to claim ignorance, and I'd think any attempt to buy a gun when there is a court order against you doing so, moves you clearly out of the "innocent victim" class.

As to the particular case in this thread, i'd say the law did not work as written, because part of it simply did not happen, but the PROCESS did work as intended, in that when a judge DID get to see the petition, he ruled it without merit and dismissed it. AND that since charges have been filed against the petitioner for perjury, that the process is still working, in this case.
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