Attempt to get 'Red Flag' laws for military - Page 2

Lima Oscar 7 · September 28, 2021, 10:29 PM

There is absolutely nothing about Red Flag Laws that is consistent with our constitution or our constitutional republic; nothing.

Sharkbite · September 29, 2021, 01:38 PM

I agree. If the threat i present is so great that i can have my property seized, then i should be arrested and brought before a Judge. That Judge can then ascertain if i should remain in custody and/or forfeit my right to keep and bear arms.

Let us not forget that is a Constitutionally protected right and should not be taken away lightly. Certainly not based solely on the accusations of a single person without a hearing, due process and my ability to defend myself against the allegation.

**44 AMP** · September 29, 2021, 09:19 PM

Lets not forget a couple of other things, specific to the military. One is that active duty serving personnel DO NOT have the Constitutional rights a the same way a civilian does.

I don't know the precise legalese but the bottom line is that via your enlistment contract, some of your Constitutional Rights are held in abeyance while you are on active duty. You do not lose the right, its just suspended (which you voluntarily agreed to) and can only be exercised within the frame work provided by the UCMJ.

Another point to keep in mind is that there is a structure for what is and isn't under military jurisdiction. While there are exceptions, generally things that happen off post are not under military jurisdiction. Those things can and usually do have repercussions and penalties under the UCMJ, but in many cases, civil law, takes precedence.

I see no point to any "red flag" law, and even less so to any such thing for the military. If it needs to be done the right officer can just order it. If its for guns off post, its a civil matter and no military red flag law is needed.

Might be wrong, but that's what it seems to me.

September 28, 2021, 10:29 PM	#26
Lima Oscar 7 Senior Member Join Date: August 2, 2021 Posts: 125	There is absolutely nothing about Red Flag Laws that is consistent with our constitution or our constitutional republic; nothing. __________________ Disclaimer: All comments or opinions regarding firearms will be carefully worded based upon personal ownership with extensive use and are not intended to offend the reader.

September 29, 2021, 09:19 PM	#28
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,819	Lets not forget a couple of other things, specific to the military. One is that active duty serving personnel DO NOT have the Constitutional rights a the same way a civilian does. I don't know the precise legalese but the bottom line is that via your enlistment contract, some of your Constitutional Rights are held in abeyance while you are on active duty. You do not lose the right, its just suspended (which you voluntarily agreed to) and can only be exercised within the frame work provided by the UCMJ. Another point to keep in mind is that there is a structure for what is and isn't under military jurisdiction. While there are exceptions, generally things that happen off post are not under military jurisdiction. Those things can and usually do have repercussions and penalties under the UCMJ, but in many cases, civil law, takes precedence. I see no point to any "red flag" law, and even less so to any such thing for the military. If it needs to be done the right officer can just order it. If its for guns off post, its a civil matter and no military red flag law is needed. Might be wrong, but that's what it seems to me. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

September 29, 2021, 01:38 PM	#27
Sharkbite Senior Member Join Date: November 4, 2013 Location: Western slope of Colorado Posts: 3,679	I agree. If the threat i present is so great that i can have my property seized, then i should be arrested and brought before a Judge. That Judge can then ascertain if i should remain in custody and/or forfeit my right to keep and bear arms. Let us not forget that is a Constitutionally protected right and should not be taken away lightly. Certainly not based solely on the accusations of a single person without a hearing, due process and my ability to defend myself against the allegation.