Louisiana red flag bill

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  • XD-GEM

    XD-GEM
    Premium Member
    Rating - 100%
    7   0   0
    Jun 8, 2008
    2,529
    48
    New Orleans
    This bill is by my state rep. I spoke with him about it last time it came up (I think Moreno had authored it last time). He didn't seem to understand the potential for it to be abused, and he sure didn't seem to care about the Due Process problems.
     

    Magdump

    Don’t troll me bro!
    Rating - 100%
    163   0   0
    Dec 31, 2013
    9,396
    113
    Hammond, Louisiana
    Well, this is just super. Exactly what I’ve been talking about. State by state and now it’s our turn. I’m pretty glad that none of my neighbors know anything about me.
    So watch the progress and plan accordingly.
    So far to date, there is no punishment or recourse for anyone filing biased or false reports against gun owners who fall under these laws. I’m sure that makes it very enticing for anyone with a grudge. I don’t expect our state will be any different. A smart gun owner would start making contingency plans now. If by some chance they show up at my door, I plan to comply and hopefully send them off empty handed.
     

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,685
    113
    Kingwood, Tx
    Well, this is just super. Exactly what I’ve been talking about. State by state and now it’s our turn. I’m pretty glad that none of my neighbors know anything about me.
    So watch the progress and plan accordingly.
    So far to date, there is no punishment or recourse for anyone filing biased or false reports against gun owners who fall under these laws. I’m sure that makes it very enticing for anyone with a grudge. I don’t expect our state will be any different. A smart gun owner would start making contingency plans now. If by some chance they show up at my door, I plan to comply and hopefully send them off empty handed.

    If they show up at your door a decision has already been made and your property will be taken from you. If a simple traffic violation can turn into a big cluster by trying to argue your case on side of the road just think how that will work out when they come all jacked up with the information that you are nuts and have guns.
     

    Gator 45/70

    Well-Known Member
    Rating - 100%
    31   0   0
    How about a bill to hold whom ever files an unconstitutional bill be held financially responsible for court costs plus and related expenditures up to and including the paper its printed on?

    Bet that will put a dent in the socialist program to violate the rights of the unwashed masses.
     

    Troedoff

    *Banned*
    Rating - 0%
    0   0   0
    Oct 18, 2014
    136
    16
    Prairieville
    I do not agree with any Red Flag Laws. They are unconstitutional. This bill however is not nearly as radical as some I have seen, and does not allow for just anyone to request your firearms be taken away. It has to be two peace officers, or the DA or Deputy DA, and they have to show cause. It also states that after execution of such a warrant, there has to be a court hearing within 7 days to give a person the opportunity to have their day in court, and puts the burden of proof on the state. It all sounds good, but it will turn into one giant cluster F.
     

    RaleighReloader

    Well-Known Member
    Rating - 100%
    33   0   0
    Jan 30, 2015
    1,177
    48
    Baton Rouge, LA
    This legislation is terrible.

    There is nothing about what constitutes an "investigation," which could mean that the sheriff and the DA go out for a beer and decide that they don't like someone.

    There is nothing in here about what the Sheriff can (and can not) do with the seized property, and nothing that I see in Title IV of Louisiana Code would prevent a Sheriff from creating a registry of seized guns, doing ballistic testing on them, etc. There's also nothing preventing a Sheriff from charging a "storage fee," which you can bet your ass they will.

    The "probable cause" is rubbish in this. If someone recklessly brandishes a firearm and it rises to the level of a criminal conviction, then that is absolutely admissible. Barring that, we're denying several Constitutionally-protected rights to people based on heresay or stupidity.

    Oh, and the 7 day thing? Rubbish. If someone is that much of a risk to themselves or others, then we're going to take their guns and then set them loose for a week to see what happens? Of course, the Democrats know that none of this would ever stand up in a bail hearing, but apparently it's OK to send the gestapo to seize people's private property based on this.

    The jackass lawyer that wrote this knows exactly what he's doing, and he needs to be held up as a prime example of why we don't need to elect more shithead lawyers that want to turn the Constitution into Swiss cheese.

    Mike
     
    Last edited:

    Bangswitch

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 10, 2019
    2,221
    38
    a location near you
    I do not agree with any Red Flag Laws. They are unconstitutional. This bill however is not nearly as radical as some I have seen, and does not allow for just anyone to request your firearms be taken away. It has to be two peace officers, or the DA or Deputy DA, and they have to show cause. It also states that after execution of such a warrant, there has to be a court hearing within 7 days to give a person the opportunity to have their day in court, and puts the burden of proof on the state. It sounds less $h!7 than other states, but it will be one giant cluster F.

    I hope you don’t mind I made so adjustments.

    I would be be interested to see what metrics will be measured in court. It’s not illegal a horrible human being. There are tons of people who haven’t committed a crime and won’t meet any legal definition of insane, that make me nervous. I think no matter how this shakes out the subjective will play a roll and that’s scary, and it’s certainly not constitutional.
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    How about a bill to hold whom ever files an unconstitutional bill be held financially responsible for court costs plus and related expenditures up to and including the paper its printed on?

    Bet that will put a dent in the socialist program to violate the rights of the unwashed masses.

    I do not agree with any Red Flag Laws. They are unconstitutional. This bill however is not nearly as radical as some I have seen, and does not allow for just anyone to request your firearms be taken away. It has to be two peace officers, or the DA or Deputy DA, and they have to show cause. It also states that after execution of such a warrant, there has to be a court hearing within 7 days to give a person the opportunity to have their day in court, and puts the burden of proof on the state. It all sounds good, but it will turn into one giant cluster F.

    Unconstitutional only theoretically, until it is brought through the process and only after it would be struck down by the US Supreme Court.

    These democrats that put forth this garbage know exactly what they are doing. Miring their transgressions and acts of subversion in the justice system, and trying to blur the lines of Amendments they want removed from the US Constitution.

    It is time to call democrats that support this kind of subversive crap what they are; America hating threats to democracy! Almost everything a democrat politician does is with the intent to achieve absolute power over the people. If this country was founded on the inalienable Rights under the Constitution, why aren't those that openly support the dissolution of those Rights not treated as treasonous? It is one thing to have freedom of speech (which they are trying to eradicate as well), by saying stupid **** and getting idiots to believe you; it is an entirely different thing when you openly push for or try to enact laws that contradict those Rights.

    Since when is it a "mainstream" idea in the United States of America to have a dialogue about open borders, repealing any part of the 2nd Amendment, suspending or eliminating due process, socialism, 70% tax rates, free college for all, reparations to ancestors of slaves, etc? We are witnessing an attempted overthrow and/or revolt of this country in it's early stages. The more the co-conspirators in the phony media talk it up as normal, the worse it gets.

    People can say what they want about Trump; and whether you as an individual like him or not, he has these scumbags in the democrat party, the phony media, and the lemmings that follow them blindly cheering them on; down pat. And those Republicans that are undermining him in the background are **** too!
     

    Armbruster Armory

    Well-Known Member
    Rating - 100%
    13   0   0
    Dec 7, 2012
    204
    16
    Lafayette
    If a person is a legitimate threat to themselves or others, they should be committed, for which there are already laws and procedures in place; they should not have their legally owned property taken. If the legislators and gun grabbers really meant what they purport to say, this bill would also provide that all of the person's kitchen knives, large cooking forks, vehicles, bats, rope, and anything else that a person might use to hurt themselves or someone else should also be seized by police. Of course, that would be impossible, so instead they just target the guns, leaving the person with any number of other instruments to cause harm.
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    If I had any faith in our local media, I would ask any of them (to do their jobs as so-called journalists), to ask the author of this Bill why he/she thinks it is okay to preclude a person's Rights in this manner?

    If any of you happen to know any of them, ask them to ask. You'll find out any or all of three things; 1. Where they personally stand ideologically; 2. Where their bosses or companies stand; 3. Whether Constitutional Rights matter to any of them.

    Unfortunately, I haven't seen any one in the local media ask the questions that matter on just about any subject. :(
     

    Emperor

    Seriously Misunderstood!
    Rating - 100%
    11   0   0
    Mar 7, 2011
    8,376
    113
    Nether region
    If a person is a legitimate threat to themselves or others, they should be committed, for which there are already laws and procedures in place; they should not have their legally owned property taken. If the legislators and gun grabbers really meant what they purport to say, this bill would also provide that all of the person's kitchen knives, large cooking forks, vehicles, bats, rope, and anything else that a person might use to hurt themselves or someone else should also be seized by police. Of course, that would be impossible, so instead they just target the guns, leaving the person with any number of other instruments to cause harm.

    Good point! Exactly why a real journalist (if any existed), would ask questions to that end.

    Samples would include:

    Why would you support precluding a person's Constutional Rights?
    What about due process under the law?
    Why do you think this would stop anyone from using other items?
    What makes a firearm any more lethal to that person than a drug overdose, a razor blade to the wrist, or a Buddhist Monk style fireball?
    What makes a firearm any more lethal to others than an axe, a baseball bat, or an automobile?
    Isn't your main goal with this Bill to water down the Bill of Rights and the teeth of 2nd Amendment?
    Aren't you just a typical political snake oil salesman pushing this obvious over-reaching crap because you know it would have no immediate adverse affect on your meaningless existence?

    That last one is a lagniappe question! :p
     

    hoggin357

    *Banned*
    Rating - 100%
    1   0   0
    Jan 23, 2019
    43
    6
    Iowa,La.
    This legislation is terrible.

    There is nothing about what constitutes an "investigation," which could mean that the sheriff and the DA go out for a beer and decide that they don't like someone.

    There is nothing in here about what the Sheriff can (and can not) do with the seized property, and nothing that I see in Title IV of Louisiana Code would prevent a Sheriff from creating a registry of seized guns, doing ballistic testing on them, etc. There's also nothing preventing a Sheriff from charging a "storage fee," which you can bet your ass they will.

    The "probable cause" is rubbish in this. If someone recklessly brandishes a firearm and it rises to the level of a criminal conviction, then that is absolutely admissible. Barring that, we're denying several Constitutionally-protected rights to people based on heresay or stupidity.

    Oh, and the 7 day thing? Rubbish. If someone is that much of a risk to themselves or others, then we're going to take their guns and then set them loose for a week to see what happens? Of course, the Democrats know that none of this would ever stand up in a bail hearing, but apparently it's OK to send the gestapo to seize people's private property based on this.

    The jackass lawyer that wrote this knows exactly what he's doing, and he needs to be held up as a prime example of why we don't need to elect more shithead lawyers that want to turn the Constitution into Swiss cheese.

    Mike

    The jackass lawyer that wrote this????????????

    Post his name..People are easily found and can be exposed at any time on social media.
    WHewww ,you get a rep prez and all the little worm democrats come out of the woodwork like the low life infested roaches they are.Thats is all I see on gun forums now are democratsthat are stuck with crap guns that are not worth anything they paid.Why they so mad?Nextprez will be a democrat,why they don't get that????
     

    Magdump

    Don’t troll me bro!
    Rating - 100%
    163   0   0
    Dec 31, 2013
    9,396
    113
    Hammond, Louisiana
    If they show up at your door a decision has already been made and your property will be taken from you. If a simple traffic violation can turn into a big cluster by trying to argue your case on side of the road just think how that will work out when they come all jacked up with the information that you are nuts and have guns.
    like I said, I plan to comply. I’m not an idiot. I will sit and let them search if they present any such warrant.

    Oh, and I’m with Gator!
     
    Last edited:

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,685
    113
    Kingwood, Tx
    like I said, I plan to comply. I’m not an idiot. I will sit and let them search if they present any such warrant.

    I’m in NO way calling you an idiot. I just think if they are at the door they will be leaving with the guns. It’s a soft confiscation. I would suggest everyone read *Resistance to Tyranny*. Lots of evil history that we seem to going down the same path. Slow and steady decay of rights. They are testing the waters.
     

    Magdump

    Don’t troll me bro!
    Rating - 100%
    163   0   0
    Dec 31, 2013
    9,396
    113
    Hammond, Louisiana
    I’m in NO way calling you an idiot. I just think if they are at the door they will be leaving with the guns. It’s a soft confiscation. I would suggest everyone read *Resistance to Tyranny*. Lots of evil history that we seem to going down the same path. Slow and steady decay of rights. They are testing the waters.
    So, what if they come to the door and they find nothing to take? Didn’t say you called me an idiot, but you make some common assumptions.
    Be a victim if you want. Accept things as they appear if you want. Interesting that you bring up resistance and never consider the passive type. I also don’t live in a box. I rarely limit my thinking to a box.
    If the police come to your door ***to search for and confiscate firearms*** what do you think will happen if they find none? I’m pretty sure they’re gonna leave empty handed. How long will it take you to then have a hearing, prove your neighbor a trouble making liar and get back to normal? Do you think the cops will go on an expedition looking for your guns after you’ve proven your case in court?
    Will you answer any questions if they show up at your door? Do you believe that you are required to answer questions? Do you think they’re there to interrogate you?
    That’s all I’m willing to say on the subject.
     

    Gator 45/70

    Well-Known Member
    Rating - 100%
    31   0   0
    So, what if they come to the door and they find nothing to take? Didn’t say you called me an idiot, but you make some common assumptions.
    Be a victim if you want. Accept things as they appear if you want. Interesting that you bring up resistance and never consider the passive type. I also don’t live in a box. I rarely limit my thinking to a box.
    If the police come to your door ***to search for and confiscate firearms*** what do you think will happen if they find none? I’m pretty sure they’re gonna leave empty handed. How long will it take you to then have a hearing, prove your neighbor a trouble making liar and get back to normal? Do you think the cops will go on an expedition looking for your guns after you’ve proven your case in court?
    Will you answer any questions if they show up at your door? Do you believe that you are required to answer questions? Do you think they’re there to interrogate you?
    That’s all I’m willing to say on the subject.

    No Officer,I once had a few firearms but they were all stolen...( twice )....Since you people are to busy kicking in Grandma's door and taking her 38 pistol.

    The real criminals arn't being targeted ( Hard Targets ) vs Granny or John Q Taxmule Slave both soft targets.
     

    machinedrummer

    Well-Known Member
    Rating - 100%
    2   0   0
    Apr 5, 2010
    3,685
    113
    Kingwood, Tx
    That’s the problem with writing and not speaking to someone. Didn’t mean to get personal. It was general statements. You are correct. But I hope you realize they will have shovels metal detectors and sonar to search The waterways for weapons lost in horrific boating accidents.
     
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