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Since A Judge Ruled The Terror Watch List Is Unconstitutional What About Red Flag Laws?

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posted on Sep, 6 2019 @ 12:53 PM
I just read an article on the conservative political blog "RedState," that brings up a really good point. Since a federal judge in Virginia recently ruled the “terror watch list,” as unconstitutional, is "there is now a basis for a legal challenge to the thoroughly un-American concept of “red flag laws?”

“An individual’s placement into the [watch list] does not require any evidence that the person engaged in criminal activity, committed a crime, or will commit a crime in the future,” the judge wrote, “and individuals who have been acquitted of a terrorism-related crime may still be listed.”

Where the terrorism watch list is based on actual activities that have been validated by law enforcement and intelligence agencies and merely result in inconvenience at border crossings and in a few other instances, the red flag laws permit warnings by relatives, family members, or even random strangers based on a layman’s opinion that a US citizen might, conceivably, possibly, at some point in the future do something bad with a firearm.


So, does this recent ruling by a federal judge, spell doom for "Red Flag Laws?"

posted on Sep, 6 2019 @ 12:58 PM
Ah this has the smell of the Blockwardens in the Third Reich.

Fellow citizens selling you out to the government for "suspicious" acting, breathing, looking, coughing, walking, sleeping, eating, talking, thinking....

posted on Sep, 6 2019 @ 01:03 PM
There should be a harsh penalty for making a false red flag claim.

posted on Sep, 6 2019 @ 01:07 PM
#1. Because they are 2 separate cases. A ruling on one case doesn't automatically negate the validity of a separate law.
#2. Because a single federal judge in 1 district rules against a law doesn't automatically mean it's stricken everywhere. Since other judges have upheld it, it becomes a decision for a higher court

posted on Sep, 6 2019 @ 02:10 PM

Red Flag Laws being used in Florida 5 times a day.

posted on Sep, 6 2019 @ 02:14 PM
a reply to: grey580

in Florida

did you really need to add more to that?

there are a lot of janky people there

edit on 6/9/2019 by shooterbrody because: (no reason given)

posted on Sep, 6 2019 @ 02:47 PM
a reply to: shooterbrody

Florida is a meme at this point.

posted on Sep, 6 2019 @ 06:35 PM
a reply to: shawmanfromny

don't go the other way with it, both watchlists and red flag laws are unAmerican, unconstitutional and wrong. The lists don't only affect sketchy middle easterners.

posted on Sep, 6 2019 @ 06:48 PM
The issue with the Terror Watch List was there was no due process to get put on the list. It was maintained by some political flunky in the government. Also, there was no real procedure to get yourself removed. And, to top it off, you could be added to that list without even being told, until it was too late.

The "Red Flag Laws" are supposed to provide due process by going through the judicial system. But, there was still no due process since you are still stripped of your rights BEFORE you go through the process. In addition, it was NOT restricted to family and LEO's only that could file a complaint. Seems ANYONE can file an unconfirmed claim with zero evidence and for any reason (see Google doing that to a whistle-blower recently for stealing company documents). And there is no punishment for a frivolous claim either!

The basic idea is laudable, but the implementations so far have been incredibly lacking in constitutionality.

edit on 9/6/2019 by Krakatoa because: fixed spelling errors

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