Red Flag Gun Laws - Constitutional?

[airdvr 197]

https://www.jurist.org/commentary/2019/12/timothy-zick-red-flag-laws/

I'm torn.  I don't like laws that make people think the problem is handled.  A good first step but a slippery slope.

Thoughts?

[normiss 622]

"Well regulated"

[gowlerk 1,915]

49 minutes ago, airdvr said:

I don't like laws that make people think the problem is handled.

No one is going to think that the problem is "handled". It would probably reduce the carnage a little bit. And you are correct, it will be a step down the slope. But I don't think that slope is really very slippery given the facts of the American situation.

[Air2mud82 1]

52 minutes ago, normiss said:

"Well regulated"

Didn't mean the same thing in the 1700s as it does in the modern era. Well regulated meant functioning and in order.

[ryoder 1,390]

26 minutes ago, Air2mud82 said:

Didn't mean the same thing in the 1700s as it does in the modern era. Well regulated meant functioning and in order.

Yale Law Professor Akhil Amar agrees with you. He talked about it in one of his online lectures.

And "militia" meant every free, able-bodied, white, male citizen between the ages of 18 and 45. This was defined in the Second Militia Act of 1792:

https://en.wikipedia.org/wiki/Militia_Acts_of_1792#Second_Militia_Act_of_1792

[Coreece 190]

1 hour ago, Air2mud82 said:

2 hours ago, normiss said:

"Well regulated"

Didn't mean the same thing in the 1700s as it does in the modern era. Well regulated meant functioning and in order.

Ya, that's why even presidents back then settled their disputes with gun duels. . .

[yobnoc 142]

I'm torn on this too.  I have a friend who got busted for messing around on his girl, and in retaliation she made up a bunch of accusations about domestic violence that were not provable and also conveniently unfalsifiable.  So an emergency protective order was served, he was forced to leave his home until the court date (where it all got rightfully thrown out), but in the meantime had to surrender his firearms and his concealed carry license.  He got his firearms back fully disassembled, but never got the license back - nobody would return his calls at city hall and when he got through to someone finally, they said it's probably shredded by now. 

Now some people justify it by saying that if he were in fact guilty of domestic violence, it is a prudent move to disarm him in an abundance of caution, but this is a prime example of where these laws might be a constitutional infringement.  I know the red flag laws are entirely something else, but I felt like this was somewhat related.

[ryoder 1,390]

Colorado just got a red flag law, and check out what promptly happened; A woman whose son was shot in a police shooting, tried to use it against the cop who shot her son:

https://www.coloradoan.com/story/news/2020/02/04/colorado-red-flag-law-susan-holmes-arrested-suspicion-perjury/4663056002/

[turtlespeed 212]

11 hours ago, ryoder said:

Colorado just got a red flag law, and check out what promptly happened; A woman whose son was shot in a police shooting, tried to use it against the cop who shot her son:

https://www.coloradoan.com/story/news/2020/02/04/colorado-red-flag-law-susan-holmes-arrested-suspicion-perjury/4663056002/

HAHA - so shes trying to forcibly remove a cops weapons from him?

[DJL 232]

On 2/27/2020 at 6:09 PM, airdvr said:

https://www.jurist.org/commentary/2019/12/timothy-zick-red-flag-laws/

I'm torn.  I don't like laws that make people think the problem is handled.  A good first step but a slippery slope.

Thoughts?

Red Flag laws are exactly what Republicans asked for when they started calling it a "mental health" issue.  They wanted it, they got it.

[wmw999 2,123]

2 hours ago, DJL said:

Red Flag laws are exactly what Republicans asked for when they started calling it a "mental health" issue.  They wanted it, they got it.

Everyone knows that statistics apply to everyone else. But we are all above average, ourselves. So while that guy who had a mental breakdown or slapped his wife might should oughta not have his guns, when it's my bud or my cousin, who I've known for years -- who knows what nasty stuff could happen to them?

We don't imagine the exceptions when they apply to others, only to ourselves.

Wendy P.

[sfzombie13 307]

On 2/27/2020 at 7:04 PM, Air2mud82 said:

Didn't mean the same thing in the 1700s as it does in the modern era. Well regulated meant functioning and in order.

doesn't much matter what it meant back then as language evolves.  this is one of the worst arguments you can use for anything in light of that fact.  the legislative branch is an absolute joke though, so it may as well just not matter.  anyone who places any faith at all in the great compromise usually called the constitution is grasping for something that will never be attainable.