Red Flag laws coming
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Red flag laws coming to a state near you
To your state, more likely.
A red flag law is a gun control law that permits police or family members, or anyone, really, to petition a state court to order the confiscation of firearms from a person who may present a danger to others or themselves. Second Amendment advocates warned against them, claiming that the same denial of due process exercised against gun owners could, and would, be applied to other causes. That’s being borne out, only now, detention of individuals, not just guns, will be allowed and imposed by the governor or the local health department, with no prior judicial approval.
Here’s what’s pending in New York:
“2. UPON DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH
OF OTHERS IS OR MAY BE ENDANGERED BY A CASE, CONTACT OR CARRIER, OR
SUSPECTED CASE,CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE
OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE COMMISSIONER, MAY
POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING
IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELE-
GEE, INCLUDING, BUT NOT LIMITED TO THE COMMISSIONER OR THE HEADS OF
LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH
A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER, IDEN-
TIFYING SUCH PERSONS EITHER BY NAME OR BY A REASONABLY SPECIFIC
DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH PERSON OR
GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPRO-
PRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HER
DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.”
Victory Girl summarizes:
Zero due process UNLESS the person being detained requests it
You will be ALLOWED to provide the state with contact information so family or friends can be notified…eventually
You can be detained only until you’ve been deemed non-contagious or after sixty days, whichever comes first
Those suspected of the disease will be released …eventually
Court hearings will be made available within three days of detention – even if detainee doesn’t have legal representation on board
The Governor (currently Cuomo) is the final determination regarding whether the court ruling is correct to allow release
Ordering entire populations to stay inside their homes and not come out until the state said they could was just a proof of concept exercise. We’re on to the next step.
