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Old January 6, 2020, 12:21 PM   #13
Aguila Blanca
Join Date: September 25, 2008
Location: CONUS
Posts: 16,019
Originally Posted by USNRet93
Why couldn't the RFL mean the people on either side go to court FIRST, each represented with counsel, and then the judge says 'take 'em' or 'don't take 'em'.

Kinda like a custody hearing??
The simple answer is "Because the legislators didn't want to write the laws that way."

Prior to the onset of these red flag laws, I think every state had provision in their statutes for protective orders to be issued. But certain advocates (of exactly what I'm not clear) started agitating that it was too difficult for women to obtain protective orders, and that not enough classes of people (like the pretty girl you said good morning to in Dunkin' Donuts 20 years ago, and haven't seen since) were eligible to seek protective orders. So they put their legislative heads together and somebody came up with the notion of these so-called "red flag" orders. And, to make it easier/faster to obtain the orders (and to seize the alleged abusers firearms), the legislators decided to make the initial hearings ex parte. That wasn't an oversight -- that was a deliberate action, aimed squarely at depriving the accused of evil GUNZ! (The fact that it also deprives the accused of a Constitutional right is viewed as secondary -- sort of "collateral damage" in the effort to protect women from MEN!)
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