Red Flag Law with a Twist ..

[Acer-m14]

Sheriff Jesse Watts
February 22 at 4:55 PM ·
So there you are sitting on your front porch with a cold longneck when the local PD rolls up in your yard. Then another parks out by the street. Three officers approach you on your front porch and inform you that there has been a report you are drinking.
"Well, sure I am!" you say, "It's Friday night and I plan to have another."
"We need your car keys sir," the young officer says. "What for?" you inquire.
His reply shocks you..."We have to take your car to keep you from hurting someone!"
"How am I going to hurt someone sitting on my porch with a beer?"
"Well your neighbor says you were threatening a trip to the beach this weekend and you've been accused of drinking, so we have to take your car!"
"But I'm not driving now!"
"Sir, it remains that you have threatened to drive and you are drinking, so we must take possession of your vehicle. You may come to the courthouse Monday for a hearing to determine when, and if, you may get your car back."
This is the same as a red flag gun (ERPO) law!
Having your property (no matter what it is) seized because someone says you "MIGHT POSSIBLY do something" is a violation of the 4th amendment!
There is NO due process!
There is NO facing your accuser!
You're gonna miss those freedoms when they're gone!
Fight for them before they are gone!

 

[Marine Cpl]

Is this real?

 

[Deplorable Me]

I'm declaring my property a government free sanctuary.

 

[Cooolone]

Excuse me officer but you're trespassing and need to leave a this time absent a warrant!

There is no constructive violation of the V&T law you prescribe and have entered my property under false pretenses. You may stay at the end of my driveway to observe if any law is being violated there and protect the public on the public road.

Have a nice day, and oh, smile, you're on candid camera! Any violation of my rights will be appropriately addressed and acted upon (now take sip of beer)!

Give bird at this time as the officer walks away from your property!

 

[spat]

Give bird at this time as the officer walks away from your property!

LOL, like that's remotely how that would go.

I applaud the balls, but you better have your lawyer on speed dial.

 

[Carlos Hathcock]

 

[S&W Fan]

The dream police
They live inside of my head
The dream police
They come to me in my bed
The dream police
They're coming to arrest me
Oh no
You know that talk is cheap
And rumors ain't nice
And when I fall asleep
I don't think I'll survive
The night the night
'Cause they're waiting for me
Looking for me
Every single night
(They're) driving me insane
Those men inside my brain
The dream police
They live inside of my head
The dream police
They come to me in my bed
The dream police
They're coming to arrest me
Oh no
Well I can't tell lies
'Cause they're listening to me
And when I fall asleep
Bet they're spying on me tonight,
Tonight
'Cause they're waiting for me
Looking for me
Every single night
(They're) driving me insane
Those men inside my brain
I try to sleep
They're wide awake
They won't let me alone
They don't get paid to take vacations
Or let me alone
They spy on me
I try to hide
They won't let me alone
They persecute me
They're the judge and jury all in one
'Cause they're waiting for me
Looking for me
Every single night
(They're) driving me insane
Those men inside my brain
The dream police
They live inside of my head
The dream police they come
To me in my bed
The dream police
They're coming to arrest me
The dream police (police, police)
The dream police (police, police)
Source: LyricFind

 

[Saltwater60]

Sheriff Jesse Watts
February 22 at 4:55 PM ·
So there you are sitting on your front porch with a cold longneck when the local PD rolls up in your yard. Then another parks out by the street. Three officers approach you on your front porch and inform you that there has been a report you are drinking.
"Well, sure I am!" you say, "It's Friday night and I plan to have another."
"We need your car keys sir," the young officer says. "What for?" you inquire.
His reply shocks you..."We have to take your car to keep you from hurting someone!"
"How am I going to hurt someone sitting on my porch with a beer?"
"Well your neighbor says you were threatening a trip to the beach this weekend and you've been accused of drinking, so we have to take your car!"
"But I'm not driving now!"
"Sir, it remains that you have threatened to drive and you are drinking, so we must take possession of your vehicle. You may come to the courthouse Monday for a hearing to determine when, and if, you may get your car back."
This is the same as a red flag gun (ERPO) law!
Having your property (no matter what it is) seized because someone says you "MIGHT POSSIBLY do something" is a violation of the 4th amendment!
There is NO due process!
There is NO facing your accuser!
You're gonna miss those freedoms when they're gone!
Fight for them before they are gone!

I very much like this line of thinking. One difference thay I’m sure you’re aware of guns are a right and cars are not. So to me that’s even a large shack and awe game changer.

 

[kev74]

Lesson learned.... Don't talk to the neighbors!

 

[MothMan]

but you better have your lawyer on speed dial.

Don’t you?

 

[Mr. terzmo]

Rule #1...don't say anything you don't want to go around and trust no one.

 

[MothMan]

 

[Cooolone]

LOL, like that's remotely how that would go.

I applaud the balls, but you better have your lawyer on speed dial.

Your point? Lol

I hate hypothetical scenarios as provided in the OP, so I'll give just as ridiculous scenarios in response. We all know the OP will never happen, unless there's a major change to your current laws and legal paradigm's. So it's fun to play!

In all seriousness, The "Bird", is protected speech! Well established legal prevent and ruling by the SCOTUS, and known by all, well mostly all. With the exception of thin skinned idiots. On camera any attempt at enforcement of obscenity laws would be problematic, but not for the person giving it. No balls required really.

Anyways...

 

[thegatman]

Your point? Lol

I hate hypothetical scenarios as provided in the OP, so I'll give just as ridiculous scenarios in response. We all know the OP will never happen, unless there's a major change to your current laws and legal paradigm's. So it's fun to play!

In all seriousness, The "Bird", is protected speech! Well established legal prevent and ruling by the SCOTUS, and known by all, well mostly all. With the exception of thin skinned idiots. On camera any attempt at enforcement of obscenity laws would be problematic, but not for the person giving it. No balls required really.

Anyways...

“Bird Bird Bird is the word.”

 

[spat]

Your point? Lol

I hate hypothetical scenarios as provided in the OP, so I'll give just as ridiculous scenarios in response. We all know the OP will never happen, unless there's a major change to your current laws and legal paradigm's. So it's fun to play!

In all seriousness, The "Bird", is protected speech! Well established legal prevent and ruling by the SCOTUS, and known by all, well mostly all. With the exception of thin skinned idiots. On camera any attempt at enforcement of obscenity laws would be problematic, but not for the person giving it. No balls required really.

Anyways...

You are correct in your legal assessment, it is 100% legal speech and any reprisals would be unlawful.

That doesn't mean they won't happen. If you are dealing with a "good" officer, things would go substantially as you have suggested. But that is a gamble, you very well might not be dealing with a "good" officer.

The vast majority of people living in "bad" neighborhoods are good honest people, flashing a lot of cash in one at 3am is legal protected conduct too. It also is a very bad idea.

 

[Saltwater60]

Lesson learned.... Don't talk to the neighbors!

Especially when they have a Bernie Sanders sign on their front lawn like mine do. I stopped snow blowing their driveway because of it. Fuck them since now I know how you feel and why you don’t do it yourself. Tomorrow should be fun for them!!

 

[IrishMick]

C'mon Saltwater! From each according to their means to each according to their needs! The communist/Sanders manifesto! Maybe you'll get a break on your taxes when Bernie takes over! After all he's only gonna stick it to the "billionaires! NOT!!!

 

[VietnamEraVet]

The only real hope any of this changes for the better is IF, and I stress IF SCOTUS strikes down a bunch of this crap, and at a minimum, rules that strict scrutiny must apply to everything firearm related. Red Flag laws are absolutely dangerous and unconstitutional.

I am starting to get cautiously optimistic that SCOTUS may actually help us with a ruling over the NYC law over taking legally owned firearms out of the city that NYC and NYS tried to moot, but SCOTUS took anyway, and have been chewing on a decision since December 2019 IIRC. The word on the street was that if SCOTUS was going to screw us over, that they would have come out quickly with a decision saying that the law was in fact moot, and that there was no legal issue to rule on. So, the closer it gets to June 2020 when they must issue some kind of a decision, the better feeling I get. Of course, I may get blown out too!

Red Flag laws are an abomination, and a complete destruction of our rights. The problem in NYS, is that even without a Red Flag law, we were already subject to the same shit. I know because I've been there personally! I had a man who had threatened my life (and documented by the OPPD, who nonetheless refused to charge him) come to my home after being told to stay away. When he started to come onto my property toward me, I told him get the fuck back into his car, and we both called 911. He got through first, and became the complainant, and I became the respondent! No one was charged with anything, and he was sent away. And then the OPPD Police Chief demanded that my permit be revoked because I, - even with an Unrestricted Permit, and standing upon my own property, had the nerve to conceal carry a firearm WITH ammunition, AND because I used PROFANITY to keep an asshole who had threatened my life, off my property WITHOUT drawing, and shooting, or even alluding to even having a firearm.

My permit was suspended, and I had to surrender my handguns, hire a lawyer, and go back to NY Supreme Court to prove I was not a threat and get the judge to order my permit be restored to me and my handguns returned (albeit it still took months).

There were already laws on the books to do exactly what these Red Flag laws do. My hope is that someday SCOTUS strikes them all down. I know. What can I say. Call me a dreamer. I prefer optimist.

 

[S&W Fan]

The only real hope any of this changes for the better is IF, and I stress IF SCOTUS strikes down a bunch of this crap, and at a minimum, rules that strict scrutiny must apply to everything firearm related. Red Flag laws are absolutely dangerous and unconstitutional.

I am starting to get cautiously optimistic that SCOTUS may actually help us with a ruling over the NYC law over taking legally owned firearms out of the city that NYC and NYS tried to moot, but SCOTUS took anyway, and have been chewing on a decision since December 2019 IIRC. The word on the street was that if SCOTUS was going to screw us over, that they would have come out quickly with a decision saying that the law was in fact moot, and that there was no legal issue to rule on. So, the closer it gets to June 2020 when they must issue some kind of a decision, the better feeling I get. Of course, I may get blown out too!

Red Flag laws are an abomination, and a complete destruction of our rights. The problem in NYS, is that even without a Red Flag law, we were already subject to the same shit. I know because I've been there personally! I had a man who had threatened my life (and documented by the OPPD, who nonetheless refused to charge him) come to my home after being told to stay away. When he started to come onto my property toward me, I told him get the fuck back into his car, and we both called 911. He got through first, and became the complainant, and I became the respondent! No one was charged with anything, and he was sent away. And then the OPPD Police Chief demanded that my permit be revoked because I, - even with an Unrestricted Permit, and standing upon my own property, had the nerve to conceal carry a firearm WITH ammunition, AND because I used PROFANITY to keep an asshole who had threatened my life, off my property WITHOUT drawing, and shooting, or even alluding to even having a firearm.

My permit was suspended, and I had to surrender my handguns, hire a lawyer, and go back to NY Supreme Court to prove I was not a threat and get the judge to order my permit be restored to me and my handguns returned (albeit it still took months).

There were already laws on the books to do exactly what these Red Flag laws do. My hope is that someday SCOTUS strikes them all down. I know. What can I say. Call me a dreamer. I prefer optimist.

Exactly , This happened to my younger brother and several years later to one of my son in laws for a similar but different reason. Both Well before there were any so called Red Flag Laws.

 

[VietnamEraVet]

Exactly , This happened to my younger brother and several years later to one of my son in laws for a similar but different reason. Both Well before there were any so called Red Flag Laws.

A big part of the problem is that NY is a “May Issue” state instead of “Shall Issue”. IIRC, there are only like 7 May Issue states.

I am kind of hopeful that the justification BS and May Issue may get struck down as a result of the upcoming NYC lawsuit decision SCOTUS is due to release by June 2020.

 

[Acer-m14]

Is this real?

 

[Marine Cpl]

View attachment 64295

I don’t know if that is proof that it happened. Is that sheriff posing a hypothetical scenario?

 

[Acer-m14]

I don’t know if that is proof that it happened. Is that sheriff posing a hypothetical scenario?

he is comparing taking your car because you might do something to the RED Flag Law for guns .. is how i take it ..

 

[Acer-m14]

i seen in think it was new mexico Gov .. now yellin at the Sheriffs that say they wont enforce RF laws .. and there are some other ..

now .. what if these Sheriffs did just this .. show up there elite dinners and take there cars and keys because they had some wine with dinner LOL ..

that would be FKin EPIC LOL ..