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Massachusetts Governor Signs Gun Seizure Bill
Republican Gov. Charlie Baker signed a bill on Tuesday allowing for temporary gun confiscation without any due process in Massachusetts.
Bill H4670 enables the police, a family or household member, including roommates, relatives or significant others, to remove firearms, firearm identification cards and ammunition from any individual deemed to be a danger to oneself or others.
Surrendered goods can be confiscated for up to one year, with the ability to renew the order, but an individual can try to appeal the ruling. Baker defended the so-called ‘red flag law’ over twitter calling it a “model for the nation.”
originally posted by: Sookiechacha
a reply to: DBCowboy
Red flag laws, like the other states have in place, required judicial consent, so Due Process remains in place. So, if the Massachusetts law requires judicial consent, then Due Process is not suspended, and your article and your thread title are misleading.
www.motherjones.com...
Red flag laws, sometimes called extreme risk protection order laws, allow a judge to issue an order that enables law enforcement to confiscate guns from individuals deemed a risk to themselves or others. Since the Parkland shooting, at least two dozen states have considered enacting similar laws in their states. In Vermont, a red flag law has already passed the both the Senate and House.
www.huffingtonpost.com...
The Massachusetts process for seeking an order for extreme-risk protection looks a lot like it does in other states that have red flag laws. Once a petition is filed against a gun owner, a judge must hold a hearing within 10 days to determine if that person poses a valid risk. If so, the judge will order the person to surrender all firearms and stay away from guns for 12 months. The subject must turn over firearms ID cards and permits, and will be entered into a federal database barring them from purchasing guns elsewhere.
The Massachusetts law also allows emergency extreme-risk protection orders that can be approved without notice to the gun owner. Under this process, firearms are immediately removed for up to 10 days ahead of a hearing, where a judge decides whether to extend the order for a full year.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
originally posted by: DBCowboy
I can see the applications and how it might prevent shootings...
www.huffingtonpost.com...
Once a petition is filed against a gun owner, a judge must hold a hearing within 10 days to determine if that person poses a valid risk. If so, the judge will order the person to surrender all firearms and stay away from guns for 12 months.
originally posted by: Sookiechacha
a reply to: DBCowboy
So according to your source, due process exists after they've already confiscated the firearms.
No different than being arrested first, and then scheduled to appear before a judge.
originally posted by: Sookiechacha
a reply to: JinMI
Is 10 days speedy enough for you?