Red Flag Law.....BOHICA
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Thread: Red Flag Law.....BOHICA

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    Red Flag Law.....BOHICA


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    XCR Guru TomAiello's Avatar
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    But the categories of people that federal law currently prohibits from possessing or purchasing a gun are overbroad, not reasonably related to the state’s interest in public safety, and raise significant equal protection and due process concerns. Any number of the categories, for example, require no proof of dangerousness, and they often serve to further bias. For example, the list of those barred includes: anyone convicted of a crime punishable by imprisonment for more than a year, whether or not the crime has any connection to violence; people with mental disabilities and many noncitizens who have not been shown to be dangerous in any way; and those who have used substances on the federal controlled substance list, including marijuana in states in which it is legal.Other proposed gun regulations also raise civil liberties concerns. The proposal to ban individuals listed on the No-Fly List from purchasing weapons, for example, is constitutionally problematic, because that list lacks basic due process protections and its standards are unconstitutionally vague.


    Source: ACLU (really): https://www.aclu.org/blog/mobilizati...on-gun-control


    Another good ACLU article here:
    http://riaclu.org/news/post/aclu-of-...n-legislation/

    the ACLU’s analysis expressed concern about “the breadth of this legislation, its impact on civil liberties, and the precedent it sets for the use of coercive measures against individuals not because they are alleged to have committed any crime, but because somebody believes they might, someday, commit one.”



    I don't agree with the ACLU's overall stance on the 2nd Amendment, but I think they're moving in the right direction on the "red flag" laws.
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    XCR Guru Sean K.'s Avatar
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    Quote Originally Posted by TomAiello View Post


    Source: ACLU (really): https://www.aclu.org/blog/mobilizati...on-gun-control


    Another good ACLU article here:
    ACLU of Rhode Island Raises Red Flags Over ?Red Flag? Gun Legislation | News | The American Civil Liberties Union of Rhode Island

    [/FONT][/COLOR]


    I don't agree with the ACLU's overall stance on the 2nd Amendment, but I think they're moving in the right direction on the "red flag" laws.

    I'd agree. This is actually the first time in recent memory I can recall the ACLU taking a stand on the side of the 2A at all.
    "Necessity is the plea for every infringement of human liberty. It is the argument of tyrants; the creed of slaves."-William Pitt the Younger

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    XCR Guru TomAiello's Avatar
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    The ACLU's official position is that the 2nd Amendment does not guarantee an individual right to keep and bear arms.

    Article here: https://reason.com/2019/04/12/the-ac...-of-gun-owner/



    But while the ACLU is commendably willing to defend the First Amendment rights of gun owners and Second Amendment advocates, the national organization still takes the position that, contrary to what the Supreme Court has said, the Constitution does not guarantee an individual right to armed self-defense.
    - Tom Aiello
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    XCR Guru Sean K.'s Avatar
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    Quote Originally Posted by TomAiello View Post
    The ACLU's official position is that the 2nd Amendment does not guarantee an individual right to keep and bear arms.

    Article here: https://reason.com/2019/04/12/the-ac...-of-gun-owner/



    [/FONT][/COLOR]

    And I didn't think they'd altered their position; I just always thought it hypocritical of the ACLU to think every other point in the BoR that says "the people" refers to individuals, but not on the 2nd A.
    "Necessity is the plea for every infringement of human liberty. It is the argument of tyrants; the creed of slaves."-William Pitt the Younger

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    XCR Guru TomAiello's Avatar
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    It's definitely hypocritical.
    - Tom Aiello
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    ...I don't care, I'm still free, you can't take the sky from me...

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