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The Range
Law & Order
Red Flag Keeps Spreading......South Dakota
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<blockquote data-quote="OKNewshawk" data-source="post: 3323250" data-attributes="member: 6592"><p>Disclaimer: IANAL</p><p></p><p></p><p></p><p>Convicted felons do not have the right to own or possess firearms or ammunition as the law stands today.</p><p></p><p></p><p></p><p>I have to assume that here, you are referring to a child (a person under the age of majority in their locality) having sole, autonomous possession and control of a firearm. AFAIK, they do not have such a right at this time. If a child "owns" a firearm, it has to be under the supervision and control of an adult who has the right to own or possess the same firesrm.</p><p></p><p></p><p></p><p>If the abuser has had any convictions for domestic abuse or has a current restraining/protective order then they are barred from owning or possessing firearms or ammunition.</p><p></p><p></p><p></p><p>Depending on the situation, either a medical professional or a judge. However, in those cases where a judge decides, the defendant is represented by counsel--which is missing in virtually all Red Flag laws.</p><p></p><p></p><p></p><p>While you may be technically correct that "there is nothing unconstitutional in the concept of these laws," are you honestly willing to accept the lack of representation for the defendant in the Red Flag hearings? Colorado's law has already been perverted by a vindictive woman to attempt to disarm the police officer who had to stop the threat the woman's son presented to him as he charged the officer with a drawn bayonet. Thankfully, the judge rejected this bogus lawsuit. <a href="https://www.9news.com/article/news/local/next/colorados-red-flag-law-used-to-target-officer-involved-in-fatal-shooting/73-f52ddaca-893d-493b-983c-db9ecf250ad3" target="_blank">(1)(2)</a></p><p></p><p></p><p></p><p>"The solution"? I fear that there is no "silver bullet" (pardon the pun) for solving mass shootings, no matter what the civilian disarmament industry claims otherwise. However, Red Flag laws will do little to reduce the numbers of mass shootings. They are not designed to do that. They are designed to deny rights to people for no other reason that the unreasoned fear of firearms.</p></blockquote><p></p>
[QUOTE="OKNewshawk, post: 3323250, member: 6592"] Disclaimer: IANAL Convicted felons do not have the right to own or possess firearms or ammunition as the law stands today. I have to assume that here, you are referring to a child (a person under the age of majority in their locality) having sole, autonomous possession and control of a firearm. AFAIK, they do not have such a right at this time. If a child "owns" a firearm, it has to be under the supervision and control of an adult who has the right to own or possess the same firesrm. If the abuser has had any convictions for domestic abuse or has a current restraining/protective order then they are barred from owning or possessing firearms or ammunition. Depending on the situation, either a medical professional or a judge. However, in those cases where a judge decides, the defendant is represented by counsel--which is missing in virtually all Red Flag laws. While you may be technically correct that "there is nothing unconstitutional in the concept of these laws," are you honestly willing to accept the lack of representation for the defendant in the Red Flag hearings? Colorado's law has already been perverted by a vindictive woman to attempt to disarm the police officer who had to stop the threat the woman's son presented to him as he charged the officer with a drawn bayonet. Thankfully, the judge rejected this bogus lawsuit. [URL='https://www.9news.com/article/news/local/next/colorados-red-flag-law-used-to-target-officer-involved-in-fatal-shooting/73-f52ddaca-893d-493b-983c-db9ecf250ad3'](1)(2)[/URL] "The solution"? I fear that there is no "silver bullet" (pardon the pun) for solving mass shootings, no matter what the civilian disarmament industry claims otherwise. However, Red Flag laws will do little to reduce the numbers of mass shootings. They are not designed to do that. They are designed to deny rights to people for no other reason that the unreasoned fear of firearms. [/QUOTE]
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