Indiana’s red flag law has been on the books since 2005, but a prosecutor in the state says the law needs some changes if it’s going to work as intended. Marion County DA Ryan Mears says under the existing law, someone who’s had their firearms seized can still purchase a gun at retail while they’re appealing the temporary order, and he says that needs to change, Bearing Arms reports.
Indiana’s Red Flag Law — also known as the Jake Laird Law — allows officers to seize a person’s gun if law enforcement thinks he or she is dangerous or mentally unstable. A hearing is then set within 14 days.
However, Mears said often times the person whose firearm was taken wants to present evidence and testimony. So the case goes to trial. Mears explains that the process sometimes can take months, and in that time period, the person can legally purchase another gun.
“I think we need to have the courage to say it doesn’t make sense for this person to have the ability to purchase a firearm literally an hour later after they go through this stressful situation,” he said.
Right now, even if officers temporarily take away someone’s gun, that person can still go to a gun store and purchase one while the case is open.
“We ultimately don’t benefit if those individuals have access to firearms if they are not of sound mind,” said Mears.
Clearly these Red Flag Laws are being abused, as we knew they would be, essentially ignoring citizens rights to due process.
Due Process of Law
A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious.
The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property.
If you look all over social media platforms you will see pictures, memes and posts from people stating, “MOLON LABE” and “Don’t Tread On Me”. This simply is not enough, we know they are destroying the Second Amendment and yet nothing is being done to stop them.
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Dean James at Right Wing Tribune