Sheriff Who Says He’ll Enforce “Red Flag” Law Now Facing Recall Effort
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Thread: Sheriff Who Says He’ll Enforce “Red Flag” Law Now Facing Recall Effort



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    Sheriff Who Says He’ll Enforce “Red Flag” Law Now Facing Recall Effort

    Humboldt County, Nevada Sheriff Mike Allen says he he opposes the state’s new “red flag” law allowing family members to petition a court to have someone’s firearms taken from them if a judge determines they’re a threat to themselves or others. Sheriff Allen says, however, that he’ll be enforcing the law when it takes effect in January 2020. - Cam Edwards

    Now, a group of Second Amendment-supporting residents in Humboldt County say they’re launching a campaign to recall the sheriff because he’s not standing up for their rights: “They’re taking up a fight against me on something the Legislature has to do, and they think I have the authority not to follow the law,” Allen said in an interview Wednesday with The Nevada Independent. “I do oppose this law. However, it’s my not my job to oppose a law; my job is to enforce the law.” ...

    Read more:
    https://bearingarms.com/came/2019/10...pMXzcNrHS_Tur4

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    These "red flag laws" are a touchy area as far as 4th Amendment rights. The 4th says that there must be "probable cause" (which in this case can be open to "interpretation") supported by oath or affirmation.....somebody has to bring a "legal" reason to the court for the order to be signed. The 4th also says that a magistrate or judge must sign an order, and that the specific person or place to be searched must be noted in that order. The problem with the red flag laws are, that if the person that is being denied his 2nd Amendment rights (must not be infringed) through confiscation of his firearms has NOT committed a crime, I really dont see how probable cause can be established. Red flag laws can be enforced on hearsay, innuendo, assumption...that just does not seem to be "legal" or Constitutional to me.

    The Sheriff is between a rock and a hard place...a damned if you do, damned if you don't scenario. His "job" is to enforce the law, even in this case if he doesn't agree with it. If he enforces the law, he may be subject to recall, and if he doesn't enforce the law he may be subject to dismissal.....lose his job. On top of that, the Sheriff takes an oath to defend the Constitution so in a way he is subject to that oath as well.....................I sure would not want to be him right now!
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    Sheriffs & Police are put in bad position in this Red Flag law. The law needs to be challenged in court. In theory it seems resonable but it is to open ended. There has to be two clauses added. The first is reasonable and speedy chance for the "victim" to see a judge or magistrate before he ends up in the System. Second and most important is legal jepardy attached to those who falsely accuse the victim. The law is knee jerk politics and is going to cause a lot of problems. There also needs to be provisions for victim to sue the accuser & authorities for false arrest among other civil rights violations.

    It sounds like a good idea but like other social engineering made into laws it ain't going to work. There should be penalties for family and friends who don't report nut cases that have been acting out waving guns around or card carrying nuts that do have firearms or access to them. People who have such nuts in their homes should be held responsible to insure guns are secured. Really they shouldn't have them on premises. Families are always slow to turn in members. Family knows victims problems and these are the people who won't use red flag laws. The whole deal is ill conceived and is subject to abuse and unconstitutional.
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    There has to be a point where you draw a line and the sand and say this is it. It is my hope that when "we" do its not to late.

    Sent from my SM-G950U using Tapatalk
    Flat Top, OLSKOOL, jim716 and 4 others like this.

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    The legal definition for probable cause is: that the courts or the police "may" believe that a "crime has been committed". If there is no belief that a crime has been committed, then legally there can be no probable cause, and that is where the 4th Amendment comes into the picture. A person can only be denied Constitutional Rights (as in this case 2nd Amendment Rights) when probable cause is established. This is where red flag laws fail the Constitutional sniff test.

    Again, hearsay, innuendo, or assumption plays no part in determining probable cause...there must be "proof" that a crime may have been committed.

    These laws open up the door for a myriad of other Constitutional Rights infringements. The politicians want us to believe that red flag laws will curtail gun related crime.....it will not, but, what red flag laws will do if accepted by The People, will open up the door to more government control over our lives.
    "Overkill.............is WAY underrated."
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    it is not a touchy area, IT IS FLAT OUT ILLAGEL! it violates your fourth amendment right! and it will be getting people killed on the civilian and "law enforcement" side. any cops that's goes along with this violation is flat out violating the constitution they took an oath to uphold! I can only imagine what will happen when they show up to take guns from most of these rednecks here in the south. I have talked to some about it and they will die before they comply, I feel the same,,,,,,,,,,,,
    jim716, Flat Top, 4T57T and 10 others like this.
    I have never harvested an animal but I have KILLED QUITE A FEW !

    I would rather have a gun in my hand than a cop on the phone,,,,,,,,,

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    "These laws open up the door for a myriad of other Constitutional Rights infringements. The politicians want us to believe that red flag laws will curtail gun related crime.....it will not, but, what red flag laws will do if accepted by The People, will open up the door to more government control over our lives."

    The government already has way too much damn control over our lives and the greedy *******s want even more.
    They want total control.
    Paul B.
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    There goes Nevada as far as the free and gun friendly State I once knew and admired. I really hope this can be turned around and that people who moved there to escape "Looney Liberals" remember why they wanted to go to Nevada in the first place. This is caused by not being vigilant in who you elect to Guberment. It also is a result of voting in DemoRats who claim to be moderates and lie to the people just to get in office. Once in they spread the cancer.

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    Quote Originally Posted by Flat Top View Post
    The legal definition for probable cause is: that the courts or the police "may" believe that a "crime has been committed". If there is no belief that a crime has been committed, then legally there can be no probable cause, and that is where the 4th Amendment comes into the picture. A person can only be denied Constitutional Rights (as in this case 2nd Amendment Rights) when probable cause is established. This is where red flag laws fail the Constitutional sniff test.

    Again, hearsay, innuendo, or assumption plays no part in determining probable cause...there must be "proof" that a crime may have been committed.

    These laws open up the door for a myriad of other Constitutional Rights infringements. The politicians want us to believe that red flag laws will curtail gun related crime.....it will not, but, what red flag laws will do if accepted by The People, will open up the door to more government control over our lives.
    Red flag laws are basically a COP OUT for a failure of the law enforcement policies and procedures. It is an excuse for poor policies that allow a revolving door for "Mentally unstable" and career criminals who are released on some technicality back out into thew public to be repeat offenders. Red Flag laws are a cop out to being a sanctuary city. An excuse for local Guberment that does not prioritize "Public Safety".
    Flat Top, OLSKOOL, 4T57T and 7 others like this.

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    “I do oppose this law. However, it’s my not my job to oppose a law; my job is to enforce the law.”

    WRONG. IT IS YOUR JOB TO OPPOSE ANYTHING UNCONSTITUTIONAL.

    That type of corporate mentality/belief right there, prevalent in LE management throughout the country, is the root of mistrust and credibility issues no public relations campaign will ever overcome.

    Right here, right now, is the time we need to see some open, constitutional conduct. Anything less is no better than the guy responsible for the quote.
    I ain't askin' nobody for nuthin', if I can't get it on my own.


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