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VA SB 240-RED FLAG LAW



RED FLAG LEGISLATION:

At face value the so-called Red Flag Laws have "some" value...however, minimum due process requires notice and the opportunity to be heard before the imposition of a penalty or the taking of property. The seizure orders are issued without notice, opportunity to be heard, right to counsel, or the right to confront and cross-examine witnesses. These are all fundamental rights enumerated in the 4th, 5th, 6th, and 7th Amendments. When opportunity to be heard is finally afforded, the burden of proof is placed on the firearms owner at their own expense (the laws should provide for public defender representation for any such allegation). Why do such laws do not include grave penalties for false accusations, even greater penalty for malicious accusations? I expect all of the aforementioned legislation deficiencies are manifested because the agenda of Lawmakers who pass such legislation has nothing to do with safety (they just package it that way)...in reality it’s just a "restriction" measure designed toward a continued progressive neutralization of 2nd Amendment rights. The sad part is the anti-2nd Amendment zealots have even sold the "safety packaging” to their moderate counterparts.....but the lack of "due process" support and consideration within the majority of legislation speaks volumes as to true intent.

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