Red Flag Laws Are Unconstitutional on their Face and Dangerously Undermine Public Safety and the Bill of Rights

By David William Jedell September 7, 2022 In the conventional account of the basic principles of constitutional adjudication, constitutional challenges can be sorted into two distinct categories: “facial” challenges and “as-applied” challenges. A facial attack is typically described as one where “no application of the statute would be constitutional.” In contrast, courts define an as-applied challenge as one “under which the defendant argues that a statute, even though generally constitutional, operates unconstitutionally as to him or her because of the defendant’s particular circumstances. https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1168&context=wmborj Federal Red Flag law has taken effect. Apparently many states have passed similar laws. They violate 100s of years of case law regarding the rule: A person must be identified and considered reliable (have given accurate info to police on numerous occasions) when they are the informant of a felony not actually seen by the police themselves. Aguilar v. Spinelli. Instead, a pissed off girlfriend or boyfriend or neighbor could apply for an "Extreme Risk Protective Order." Just upon that, the defendant's Fourth Amendment right against Unreasonable Search and Seizure, as well as their Second Amendment protection is violated. States that have passed Red Flag Laws are as follows Interview of John Lott, More Guns, Less Crime: Concealed handgun laws reduce violent crime for two reasons. First, they reduce the number of attempted crimes because criminals are uncertain which potential victims can defend themselves. Second, victims who have guns are in a much better position to defend themselves. There is a strong negative relationship between the number of law-abiding citizens with permits and the crime rate—as more people obtain permits there is a greater decline in violent crime rates. For each additional year that a concealed handgun law is in effect the murder rate declines by 3 percent, rape by 2 percent, and robberies by over 2 percent. States with the largest increases in gun ownership also have the largest drops in violent crimes. Thirty-one states now have such laws—called “shall-issue” laws. These laws allow adults the right to carry concealed handguns if they do not have a criminal record or a history of significant mental illness." https://www.press.uchicago.edu/Misc/Chicago/493636.html There will no doubt be very disturbing outcomes, worse than what we are trying to stop, with this law https://www.democratandchronicle.com/story/news/politics/albany/2019/08/23/new-yorks-red-flag-gun-law-taking-effective-here-what-do/2083662001/ We cannot live in a police state. Gun confiscation is how it starts in every totalitarian regime. World total murder by government: 1900-1999 = 262,000,000 https://www.hawaii.edu/powerkills/20TH.HTM German firearm laws and hysteria created against Jewish firearm owners played a major role in laying the groundwork for the eradication of German Jewry in the Holocaust. Disarming political opponents was a categorical imperative of the Nazi regime. Nazi seizure of power in 1933 was consolidated by massive searches and seizures of firearms from political opponents, who were invariably described as “communists.” After five years of repression and eradication of dissidents, Hitler signed a new gun control law in 1938, which benefited Nazi party members and entities, but denied firearm ownership to enemies of the state. Later that year, in Kristallnacht (the Night of the Broken Glass), in one fell swoop, the Nazi regime disarmed Germany’s Jews. Without any ability to defend themselves, the Jewish population could easily be sent to concentration camps for the Final Solution. https://www.stephenhalbrook.com/article-nazilaw.pdf https://www.youtube.com/watch?v=c25oZQrnXwc Anne Frank (The Whole Story) A German-Jewish teen hides with her family and others in the attic of an Amsterdam office building during the Holocaust. www.youtube.com Stripping Americans of their constitutional rights in secret proceedings where they have no voice. But this is exactly what is at stake with Gun Confiscation Orders — cynically disguised as "red flag laws." At their core, they allow the police to convene a Kafkaesque secret proceeding, in which an American can be stripped of his or her gun rights and Fourth Amendment rights, even though gun owners are barred from participating in the hearings or arguing their side of the dispute. The first thing gun owners learn is when police knock on the door — ready to ransack their house and, if they resist, to arrest or even shoot them and their family. The standard is not whether there is probable cause to believe that the gun owner has committed a crime, as the Constitution would seem to require. Rather, the standard is some subjective determination about whether the owner represents some "danger." As in the film Minority Report, Americans are stripped of their fundamental constitutional rights based on the subjective possibility of a "future crime." And we know from our limited experience that many accusers lie or make mistakes — even more reach delusional conclusions — and the target is frequently an abused victim who is most in need of the wherewithal to protect against an abuser. If the Constitution can be suspended in a secret hearing, where does this lead? https://www.usatoday.com/story/opinion/2018/04/19/red-flag-laws-strip-gun-rights-violate-constitution-column/526221002/ Recommended Articles Colorado Gun Rights Group Files Lawsuit Over ‘Red Flag’ Law https://www.cpr.org/2019/05/02/colorado-gun-rights-group-files-lawsuit-over-red-flag-law/ NRA Exposed: Their Deadly Support for Red Flags Gun Seizure Laws https://www.missourifirearmscoalition.org/nra-exposed-their-deadly-support-for-red-flags-gun-seizure-laws/ NRA Stares Down Gun Backlash Without Its Old Power Brokers https://www.bloomberg.com/news/articles/2019-08-06/nra-stares-down-gun-backlash-without-its-old-power-brokers Rural Sheriffs Defy New Gun Measures https://www.wsj.com/articles/rural-sheriffs-defy-new-gun-measures-11552230000 Federal red flag law appears unlikely, but Washington and other states are covered https://mynorthwest.com/1491212/red-flag-law-washington/ You are here -> The Propaganda Complex world for teens is mind control confusion https://rumble.com/v1l5f19-tiktok-brainwashes-disgusting-into-you.html 1984 (1956 film) - Edmond O'Brien, Michael Redgrave, Jan Sterling https://www.youtube.com/watch?v=fpGThhWTW2E Orwell's Animal Farm Movie https://www.dailymotion.com/video/x1z3zqt The Obsolete Man S2 Twilight Zone full epsiode https://www.dailymotion.com/video/x6ywhne Orwell's final warning - Picture of the future https://www.youtube.com/watch?v=9k_ptxWsadI Orwell's final warning - Picture of the future https://www.youtube.com/watch?v=9k_ptxWsadI George Orwell's final warning PREDICTED the future?! https://www.youtube.com/watch?v=MBZSm-pKGuo George Orwell and 1984: How Freedom Dies https://www.youtube.com/watch?v=37N0aFmO19o Copyright © 2022 David William Jedell Email: d.w.jedell@gmail.com