commifonia "enhanced" red flag law

[lts1ow]

The warrant still needs to be signed by a judge no?

[Emptymag]

Seems like they have found a "loophole" to door to door confiscation.

Fucking weasels.

[PocketProtector]

The warrant still needs to be signed by a judge no?

There are no judges anymore.....they'll just judge shop for a leftard.

[ett]

Is it time yet ?

[Wilderness 1864]

The warrant still needs to be signed by a judge no?

The order has to be signed by a judge, but the order is based on a low evidentiary threshold (usually, "more likely than not" --50.01 to 49.99) and in the context of a presentation where the target of the order is not present or able to present evidence in his or her own behalf. Under such circumstances where only one side is present, 100% of the evidence favors the person seeking the order. How can a judge not issue it under those circumstances? There has long been provisions for this type of proceeding, but the threshold for getting an "ex parte" order is very high. Sometimes at person seeking the remedy has to post bond.

As a practical matter, in a Red Flag proceeding, there is no bar to filing one, not even a fee. The consequences for a false or harassing filing do not exist in many statutes and, as in PA's proposed law, are likely never to be prosecuted. The irony is that the standard of proof against one charged with filing a false report, since it is a criminal offense, is "beyond a reasonable doubt". Oh, and while you are sorting all this out, you have surrender every license you have, hunting, LTCF, non resident carry permits.

The cards are stacked against the firearm owner in a way that only the wealthy are likely to ever to recover their Second Amendment rights.

That is precisely why Red Flag laws are going to be the foundation for general disarmament. They just keep getting worse with each legislative session.