Fairfax, VA – -(Ammoland.com)- President Biden and his Attorney General, Merrick Garland, have championed “red flag” laws that authorize courts to temporarily prohibit individuals from possessing or accessing guns based on unproven and uncorroborated allegations by family members, coworkers, law enforcement officers or others. A key feature of these laws is an initial order that is imposed “ex parte” – without notice to the affected person, where he or she has no opportunity to attend or contest the allegations.
The model legislation prepared by the Biden Administration authorizes such an initial order, together with a concurrently-issued warrant “authorizing a law enforcement agency to search the person of the respondent and any such place for firearms and to seize any firearm.” The gun ban and confiscation remain in place until a second court hearing (for a final order) occurs, which may be weeks later. Only with respect to this hearing does the person have the right to due process – to advance notice of the hearing, and to appear, challenge the basis for the order, and present their own evidence.
Click the link to read the whole article: Florida “Red Flag” Abuse
No comments:
Post a Comment