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Old March 1, 2019, 08:48 AM   #8
zukiphile
Senior Member
 
Join Date: December 13, 2005
Posts: 3,526
Quote:
Originally Posted by ligonierbill
Second, there is a fairly high bar for commitment, and there should be.
Indeed.

Quote:
Originally Posted by ligonierbill
Th And, failing that, there was no mechanism to take his guns.
And there should not be.

Quote:
Originally Posted by ligonierbill
Unfortunately, laws are passed in a crisis environment, and they are often flawed. And, yes people will abuse the law, especially if there is little or no consequence to them. Allegations of sexual assault have been used to great effect in the current climate, and false accusers have little to fear. And I will bet that today someone is trying to get gramma committed to get her money.
Or trying to have a parent declared incompetent to keep him from spending "their" inheritance. It's not uncommon for applicants to have motives corrupted by self-interest.

While we can predict that any law will be abused, let's be particularly weary of laws that invite abuse, like laws the primary purpose of which is sidestep existing protections against prosecutor and police abuse.

Quote:
Originally Posted by ligonierbill
I predict that every state will have some form of "Red Flag" law before the next election. The best course for 2nd Amendment supporters is to engage to put teeth in the penalties for false or misleading reporting.
I don't believe that can happen. The issue is cast in terms of victim protection and a perceived need for a system more responsive than the current probate and commitment processes. The advocates for these systems see a lack of real petitioner liability as a feature of the law, not a flaw in it.

If you were a respondent in a Red Flag case, you will have had a TRO served on you, and your arms taken by the PD, then appeared at a hearing a couple of weeks later the issue at which is whether you A) are OK to be walking around free like the rest of us, and B) can you get your arms back from the PD. You probably spent money on an attorney.

Are you now going to spend more on an attorney pursuing sanctions against the petitioner? Recall that you just escaped an allegation that you are an aggressive nut.

Last edited by zukiphile; March 1, 2019 at 01:46 PM.
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