Are you aware of this
have you responded?
YOUR Senators urging them to strike down these gun grabs that would destroy our Second Amendment and Due Process rights.
Talking about a RED FLAG! wow!
I donât like it, sounds like a revenge tool to me. I may give it slight, slight support if they would prosecute anyone using it for revenge. It happened to a local in this area. I think his wife should have been charged with, at least, a class c felony.
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Unless an law enforcement officer has just cause, they should NOT have the authority to confiscate a law-abiding citizen of their firearm(s). If a person produces a vaild âConcealed Firearms Permitâ (Nevada) and/or documentation showing legal purchase of said firearm(s), then nobody should be allowed to confiscate them.
Now, I always like to premise this that as a law-abiding citizen I have the right to own and bear arms as provided in the âSecond Amendmentâ. How, if a person has been lawfully convicted of a felony then it is no longer a right, but a privilege that can be taken away. This I truly agree with.
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Zero support from me without significant, detailed, controls to limit corruption and threat to constitutional rights. Reminds me of one of the videos I watched from my USCCA membership. Michael Martin explains that we MUST remember that the laws are open to some interpretation when it comes to the reader⊠I.E. the prosecutor, judge, jury, etc. Thus far, my understanding is that these ERPO/Red Flag laws are full of holes and open the door for continued erosion of our constitutional rights.
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I contacted my Senators. Since I live in Illinois, my current senators are âDirtyâ Dick Durbin, and Tammy âDuckworthlessâ Duckworth. They are all for all the anti-gun garbage that Schumer and Feinstein can come up with. Due process is a constitutional right. The reps, Senators, and the Trump are wrong on this subject.
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I oppose these red flag laws, Iâm all for DAs and Judges getting off their rears and doing their jobs. Iâve been through many divorce court appearances since 2007.
Hereâs my meaning by they need to do their job to bear the burden of proof a law has been violated and seek a conviction or have someone adjudicated as mentally ill. The LEO departments have plenty of powers with probable cause and powers to arrest with the laws that are already on the books.
LA courts just pass out TROs like the candyman, no proof needed, other party doesnât need to be in court or face their accusers.
I have a huge problem with it being possible that someone says they felt they were in fear or threatened allegedly, then providing some of the worst attempt to win an academy award monologues. No witnesses or less than credible non 3rd party witnesses, no calls to LEOs, no injuries or history thereof, no mandated reporting occurred of yet the courts issue an order.
Civil is just as easy just need to pay $300.
We donât need to make red flag laws easier we need to enforce the part about under risk of perjury and get people both fined and put behind bars that lie or maliciously make a false allegation for revenge or in an attempt to sway custody in a family law case.
But maybe that makes too much sense as no stats to keep budget funding available in the âfight against crimeâ
Woo whereâs the Tylenol, thatâs my 2 cents.
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In LA, do TROs affect the person negatively at all? Permanent record or affect job offers?
You should be able to face your accuser but that doesnât apply to civil courts 
However, in true domestic violence cases, I would consider it torturous for the person who was abused to have to face their accuser and relive the details again⊠Itâs a slippery slope.
People who claim abuse who have not been abused are lower than abusers in my mind. Their actions call into question every true claim of abuse. Itâs pitiful.
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In CA this is a lawsuit be it criminal, family, or civil do yes that portion is permanent and public record. As far as background checks no TROâs donât, as theyâre not entered in CLETS (CA Law Enforcement Telecom System. Once the âhearingâ occurs as proof of service is based on âswornâ testimony the defendant was served potentially someone can find themselves in a situation where theyâre found guilty by default as a no show being they were âproperlyâ served and given ânoticeâ. You can motion to quash for improper service, but it take months to get it straightened out and again no consequences or accountability for falsifying statements and perjury.
As far as being further negativety affected yes, in CA you have 24hrs to surrender your firearms and ammunition to LEOs or sell them through an FFL and provide proof to the court to file. Prior to the law that took effect you used to be able to store them with an attorney, FFL/gun club until the matter was resolved. No longer the case. As you cannot loan or keep a firearm in your name away from your immediate possession. Funny thing is I had to point that out to 2 attorneys last year, they were shocked as they had been violating the law in holding firearms for their clients until the cases were dropped/worked out.
So if you go to an FFL theyâll buy them out right. If you go to transfer them to a family member, sell them to a family member or someone else it will show as being on a 10 day wait while the CADOJ is doing the background check and they could deny it and or consider it a straw purchase as both seller and buyer go through the check.
Now guess what, if you have any other members/persons in your home with firearms you canât have âaccessâ or be in âpossessionâ of firearms or ammunition until things clear up. Remember as a firearm owner these must be in your immediate possession or locked and secured. CA is all about definition. So it can be said who might still have access, you had the intent to gain access, etc.
If falsely accused youâre looking at thousands lost in court costs and property, time away to be in court.
Once the permanent CLET RO is issued the defendant now convicted, will come up as a restrained person when pulled over and ran by LEOs, background checks, and of course permanent record.
For those truly abused, there is usually an arrest and a whole set of resources are made available. There are also workshops in every courthouses and social services offered.
So I get it about the slippery slope, but after representing myself as the petitioner from 2007 to 2012 in my divorce case which I didnât settle and pushed to trial. I went up against 2 separate attorneys won, getting full custody with no visitation and a CLETS RO on my abusive ex wife.
Iâve seen and heard some pitiful people as youâve put it @Dawn.
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In NV during the last midterm election, a total left-wing jerk got in office. I just canât believe he won. Anyway, he is supporting every anti-gun legislation that is being written. Next year the sale/transfer of a firearm will be just like CA.
I also sent e-mails to my representative(s) and hope that these bills donât pass.
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I am sorry, when I said that a left-wing jerk got in office, I meant the governor. He is a total waste on a number of accounts.
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In any discussion of this type, itâs vitally important to give everyone who reads it a clickable link that will instantly help them respond directly to their legislatorâs on the issue: https://oneclickpolitics.global.ssl.fastly.net/widget/oneclick/5842 ONLY by sounding off to our Reps and Senatorâs every single time we need to will there be any hope of reversing our course on the slippery slope weâve already started down. I posted that particular link because itâs a FEDERAL bill (meaning it would impact every State if passed). I strongly urge everyone to USE that link and make your voice heard - while we still have one.
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@M3gaW0lf I used your link⊠providing a link like that is a good idea. That being said, I had to rewrite the letter because itâs pretty angry and hyperbolic. My experience is that a strong letter without rage works better.
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Nothing wrong with that at all, Zee - glad you took the time an made the effort to put your own thoughts into words. Way to go!
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Red flag laws are well intended by many but in practice are nothing but a backdoor route to confiscation, and as others have mentioned a ârevenge toolâ. There are no consequences for the accuser if the accusations cannot be sustained in court either.
In order to get one of these Emergency Orders issued there is no burden of proof on the accusers, no chance for the accused to confront or cross examine the accuser and a total denial of our 2nd, 4th, and 5th Amendment rights.
The burden of proof is put on the accused as is the cost of defending themselves while the accuser has the full force of the state behind them.
If someone is too dangerous or incompetent to possess firearms that needs to first be a determination made by the courts and if found so then an order to remove the firearms issued.
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TPOâs are public record and will follow you for the rest of your life and can have serious repercussions for career choices and future employment.
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Newbie here and excited to be a part of this community. An older gun rights figher, I was a grassroots NRA-ILA president and in my county, I mobilized local gun owners and those interested in defending the Second Amendment. Looking forward to retirement in a few years. The Red Flag laws are insidious and extremely dangerous than just gun bans because Red Flag laws run over not just the Second Amendment, but the very core of our justice system which presumes a man innocent before proven guilty and it attacks the principle of due process which is also the foundation of our judicial system which demands that a citizen receive fair judicial treatment and not be treated as if he is in a banana republic rubber stamping confiscation papers.
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Thank you for putting your time where your beliefs are. Glad youâve joined us here 
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Welcome to the Community, @Gerald! It does feel like their attacking the 2nd by violating the due process of the 5th as well.
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Good on you. For far too long conservatives have been somewhat poitically passive while the leftwing activists were having tremendous success.
The Tea Party Movement seems to have really sparked a lot of activism and of course Obama and Clinton really made it easy to get people âup in armsâ over gun rights. Pun intended.
Trump, Cruz and a few others keep gun rights front and center in the debate as well and Iâm really hoping they press it going into 2020.
Most of us prefer to fly low, under radar, but to win the battle we need to mobilize as may pro carry and pro 2nd Amendment people as possible because if the demâs should gain control in 2020 itâs going to be a bloodbath for both.
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And that is why there ARE stickers on my truck.
Iâve made a choice to be visible in 2A ways.
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