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by qtplatypus 2485 days ago
They did respond to the claim of "requires due process to remove" red flag laws are temporary so in order to remove them all that is needed is the passage of time.

There hasn't been a test of the constitutionality of red flag laws with regards to red flag laws. However there is clearly a "compelling government interest" and it could be argued that it is the least restrictive in order achieve this goal.
4 comments
naasking 2485 days ago
> red flag laws are temporary so in order to remove them all that is needed is the passage of time.

Prison time is temporary, so in order to remove your incarceration all that is needed is the passage of time, and then you're free!

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mises 2485 days ago
"Just wait to get your rights back" is not a great plan. Habeas corpus could be the nearest precedent - you can't lock some one up for a year and claim he just needs to wait. More importantly, once you're in the justice system, it's all but impossible to get out. The accused will inevitable be forced to somehow prove he's not a homicial maniac, because the premise of "flagging" is guilty until proven innocent. That's supposed to be what judges are for, but still, it's not perfect.
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fiter 2485 days ago
In this case the removal is referring to the removal of the right. So, red flag laws do not require time to remove your right to own guns while they do require time to restore your right.
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dsfyu404ed 2485 days ago
>red flag laws are temporary so in order to remove them all that is needed is the passage of time.

That's totally BS and everyone knows it. Nobody ever got back something that was taken by police without fighting an uphill legal battle.

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