View Single Post
Old January 16, 2020, 08:33 PM   #11
Aguila Blanca
Staff
 
Join Date: September 25, 2008
Location: CONUS
Posts: 13,922
Quote:
Originally Posted by davidsog
Well that Red Flag law is off to a good start!!

Hopefully this will lay the ground work for getting them all repealed.
How so? Four out of five have been approved, and the proponents of the law are using this case to show that the law works as it was intended to.

The curious wrinkle is that the text of the law says that the initial application shall have a hearing on the day of the filing of the petition or the next court day thereafter, with no notice to the defendant. Yet that doesn't appear to be what happened in this case, since Corporal Morris was represented in court by two attorneys from the State. Consequently, IMHO any claim that the law worked as intended are spurious, since the text of the law clearly intends for the initial hearing to be ex parte and the defendant doesn't get his chance to defend himself until a week (or two weeks) later. So this case is an aberration under the law.
__________________
NRA Life Member / Certified Instructor
NRA Chief RSO / CMP RSO
1911 Certified Armorer
Jeepaholic
Aguila Blanca is offline  
 
Page generated in 0.02776 seconds with 8 queries