530
you are viewing a single comment's thread
view the rest of the comments
[-] Bytemeister@lemmy.world 3 points 1 year ago

Can you find any precedent of someone getting red-flagged for something as simple as taking the last Oreo? From what I understand, there is a burden of proof on red-flag laws, it usually takes a judge to issue the order to confiscate. Cops are not given unilateral power to disarm someone without any procedure.

I like how you say this...

Problem is, people do have rights, and as such before you can violate them you have to actually have a reason...

...And then immediately say this...

like “them being involuntarily commited for hearing vioces and expressing homicidal ideation.”

Literally, involuntary committing someone is a violation of their rights, but it is an violation that is well established by law. Just like say...taking away someone's guns for a period of time while they are openly threatening people and displaying extreme anti-social behavior

[-] ArcaneSlime@lemmy.dbzer0.com 3 points 1 year ago

At the moment, they are only a thing in a few states and I'm not sure how often they're used even there. In some states like Florida it does require some proof, but in my state, while the proposed law got close but was not passed, in addition to everything I said above the complaintant was protected from being charged with perjory in the event it was found out they lied in the inital case.

Of course, the complaintant never could have told the judge "he took the last oreo," if that is what you mean, they would be required to lie, but tbh a secret hearing you're not invited to is easy for them to lie at so long as the burden of proof is as low as "he said..."

but it is an violation that is well established by law.

And reasonable. Broadening that to allow anyone who knows you to go to a judge in a secret hearing and say "he bad" with no other proof and bam 1yr without the right to self defense if you ever get it back all because he said she said is "unreasonable." It is also not well established by law considering all the laws are pretty new and all different in every state that has implimented them VS federal law that is reported (well supposed to be, they need to do their job) into NICs since like '96, and also requires a more "standard" burden of proof.

I mean be real, if the red flag laws didn't have a lower burden of proof than involuntary commitment, what would be the point of them existing? We already have IVCs, which have the added bonus of at least some caliber of mental health professional, if the burden of proof is the same the only difference is instead of attempting to actually get the person help all you do is temporarily take their guns ..until they buy more (legally or otherwise), make one, or stab someone, the danger is still there and hasn't been helped at all, with the IVC they show up in the national database instead of the just California database, with the red flag laws the cops show up and leave you alone with the angry, if disarmed, person, with IVCs they are forced into a facility, allowing someone time to escape, or time for the person to cool off with the ativan and doctors. I mean, the only reason for them is "I'm right." The question is "is that good or bad."

I'm firmly on the side of "it's bad, innocent until proven guilty is good."

openly threatening people and displaying extreme anti-social behavior

You mean things that can get you IVC'd? So IVC, red flag laws are often built for abuse, you don't need them unless you intend to abuse it, and if they're not built to abuse they are functionally the same as an IVC just "less good anyway."

this post was submitted on 26 Oct 2023
530 points (96.8% liked)

News

23284 readers
3508 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS