@Brian1 unless the record of a 3day hold is expunged, yep, it would be used. Maybe even if it was expunged.
We’ve entered a time where the veracity of an event is largely trumped by the severity of the charges. Accusation or allegation of an issue can be enough, and once documented, rarely ever goes away.
It’s one of the things that I find deeply frightening about red flag laws. Accusation of instability, regardless of veracity, is all it takes to deprive you of your rights and drag your life through a knot hole backwards. Once that’s done, it’s on you to prove you’re sane and no threat… how is that even possible, given that people sometimes are, and then later, aren’t? Plus the stigma will stay forever.
I’ve seen people’s minds fall apart, their brain go off the rails or their emotions take them over the edge, up close and personal. Its frightening, horrible, and tragic for everyone around them. I’ve seen some go there for a temporary reason and recover just fine, and others not recover at all.
There are people who should not have access to weapons, no question… it’s not them I worry for. If the law could be tuned to address them, I’d be far less likely to object. It’s the people who have a problem, get help, and recover that these laws must protect. Its the people who are mistaken accused or who are falsely accused by someone seeking to harm them that these laws must protect.
Any red flag law that does not provide redress for those that seek help and recover or are mistakenly accused, and that does not contain stiff consequences for malicious accusations, will harm far more people than it protects