Red Flag gets "red flagged???"

[FfNJGTFO]

Luis (@Miami_JBT) -

First, you did a very good job on Dana Loesch recently. I do wish that it might have been mentioned about the retail/tourist industries (particularly "The Rodent/FRF") have "taken up the torch" on behalf of Janet Reno, and the fact that Texas has "No Gun" signs with the force of law (that FL doesn't), but....

One other thing that was mentioned was that Gov. DeSantis had been opposed to ERPO (Red Flag) laws and would have vetoed it if he were Gov. at the time (It was Rick Scott who signed them into law). In your opinion, do you believe Gov.. DeSantis wants to make this next on his list, and does he have a decent shot at it, given your read of the legislature? That would be resolving my #1 item on my list. Next after that, making "Civil Asset Forfeiture" illegal.

[lakelandman]

Gov. DeSantis should have struck down the Red Flag law a long time ago not sure what the hold-up is.

[TACC]

The politicians in office will never recall the red flag law. It will make them look like they are leaning to far right

Sent from my SM-G965U using Tapatalk

[REDinFL]

You may be right, but they could address the provisions which allow it to be weaponized by people with a grudge, for example. Accountability for false reports would be a start. Some basic standards should be next. Right now, some County Sheriffs will investigate before applying for the warrant, others haven't indicated what they will do, some implying "taking action."

[ss1]

It's a terrible law. Less than a year after it was enacted, my kid was DM'ing a girl he liked late at night and told her he dreamed that her actual boyfriend was a school shooter and he took him out. The little st*t sent a copy of the DM to her boyfriend and friend who was the daughter of the school dean. She then called the Sheriff who came, took screen shots of the chat and took my kid to Baker Act him, all without my knowledge until he was on his way to the detention center. This compound was adjacent to a hospital and had very limited visiting hours. I hired an attorney and gave him copies of the entire chat and he talked to people he knew both in the sheriff's office and prosecutors office. They all agreed that he just said the wrong thing at the wrong time and nothing was charged. However, my son lost 4 days of his freedom, the school and I mutually parted ways and he transferred to another school which screwed up getting his IB level classes as well as costing us $10K in legal retainer. The whole thing was total BS but at least he learned a big lesson about trying to impress sh*t whores and he's doing great.

[FfNJGTFO]

You may be right, but they could address the provisions which allow it to be weaponized by people with a grudge, for example. Accountability for false reports would be a start. Some basic standards should be next. Right now, some County Sheriffs will investigate before applying for the warrant, others haven't indicated what they will do, some implying "taking action."

Another thing they can do is allow for "alternative temporary storage" of the subject's property, or allow the subject to arrange for it. The greatest concern about ERPOs for me is that LE can arrive at your door, confiscate your "inventory" in the name of the ERPO, and not even tell you where they're taking it or what they're doing with it. Perhaps, they may not give you any documentation as to what they took. You may be cleared, eventually, but try and go get your property back. It may take weeks, or months, maybe even years "if" you ever do get it back.

The problem with ERPOs in their current form is that they facilitate a nasty little "underlying agenda" of LE - "Get Guns off the streets." And, once off the streets, why allow them to be let back on the streets? Why, when they can be sold and yield revenue for the LEA? Now, I'm not saying that all LEAs act this way. But there are enough of them that do, especially where I used to live up in the PRNJ. Maybe there are some rules in FL that require accountability for the "temporarily seized" property, but I don't know.

What I'd prefer is that the law allow the subject to store their inventory "temporarily" while the hearing process completes. In fact, I'd have a facility with storage lockers that have two lock ports on them.... One for the subject, and the other for the county/state authority that got the petition. They both put their own lock on the locker so that neither has access to it while the hearing process plays out. Once the process is complete, the party that doesn't prevail has to take their lock off first. We could even have some of those "Metro Storage" locker buildings that have these special lockers.

As for the accusation itself, and the time spent going through the process to be resolved, that doesn't concern me as much as what happens to my property and how I get it all back "in tact." I can always attempt to sue the party that filed the initial complaint for damages. Maybe they could alter the law to make that a bit easier, especially if that initial complainant resides "out of state."

So, if we are to have ERPOs, then make alterations as per the above, and we'll see how it works out.

And, after that, we have to work on quashing "Civil Asset Forfeiture." And for the same reasons as the above. Way too much of an incentive by LEAs for "revenue enhancement."

[Chigger]

It's a terrible law. Less than a year after it was enacted, my kid was DM'ing a girl he liked late at night and told her he dreamed that her actual boyfriend was a school shooter and he took him out. The little st*t sent a copy of the DM to her boyfriend and friend who was the daughter of the school dean. She then called the Sheriff who came, took screen shots of the chat and took my kid to Baker Act him, all without my knowledge until he was on his way to the detention center. This compound was adjacent to a hospital and had very limited visiting hours. I hired an attorney and gave him copies of the entire chat and he talked to people he knew both in the sheriff's office and prosecutors office. They all agreed that he just said the wrong thing at the wrong time and nothing was charged. However, my son lost 4 days of his freedom, the school and I mutually parted ways and he transferred to another school which screwed up getting his IB level classes as well as costing us $10K in legal retainer. The whole thing was total BS but at least he learned a big lesson about trying to impress sh*t whores and he's doing great.

So your kids a water head and you call the girl a whore?
WTF is wrong with you? You should have raised him better.

[FfNJGTFO]

Apparently, NY's ERPO law was declared "Unconstitutional" by a trial court judge there. Surely, it will be appealed by the State, but it's certainly a step in the right direction! The judge's concerns seem to focus on not having a proper assesment done by a health care professional prior to the petition and order being granted.

We shall see!