2022 Legislative Session,Red Flag specific.

[2A_Tom]

It is time to contact our representatives.

"Red Flag" Case - Florida Man's Rights Virtually Disappear

America's Most Aggressive Defender of Firearms Ownership

jpfo.org

My thoughts, preeminently remove all Red Flag laws. Since that is not likely.

1. Confiscated weapons SHALL be recovered and stored in such a manner as to protect them from damag. Any damage will be indemnified.
2. All costs of defense will be indemnified in the case of an acqiuttal.
3. $100,000 will be awarded upon acquittal.
4. Investigation and possible prosecution of the accuser.

Calling BOR, Kelly and anyone else that may have input.

 

[manifest destiny]

It's my suspicion that Red Flag laws haven't even begun to be used like the Powers intend.
Get 'em (laws) on the books. Chill. Enforce according to whim. I'd like to stop the crazies too, but anonymous accusations with little recourse for the accused...?

 

[KellyinAvon]

It is time to contact our representatives.

"Red Flag" Case - Florida Man's Rights Virtually Disappear

America's Most Aggressive Defender of Firearms Ownership

jpfo.org

My thoughts, preeminently remove all Red Flag laws. Since that is not likely.

1. Confiscated weapons SHALL be recovered and stored in such a manner as to protect them from damag. Any damage will be indemnified.
2. All costs of defense will be indemnified in the case of an acqiuttal.
3. $100,000 will be awarded upon acquittal.
4. Investigation and possible prosecution of the accuser.

Calling BOR, Kelly and anyone else that may have input.

OK Tom, I'll take a run at this:

1. This was part of what passed in 2019. Strengthening the language in the Laird Law, allowed for third party to store firearms, if confiscated and damaged the liable department does not have have qualified immunity for this.

When that one was up in committee some chick fell off her heels and broke her ankle. We had to change rooms, new room had ancient chairs I swear.

2. Not sure, that is in Civil Immunity which scared off the ambulance chasers.

3. Bridge too far

4. Jim Lucas introduced a bill a couple years ago to add language to the false informing statute to specifically list Laird Law false informing. Also, his bill made the level (misdemeanor or felony) to be equivalent to the false claim misdemeanor/felony made. I was ready to support but it didn't get a hearing due to a review of felonies on the books.

The horror stories I've heard on Red Flag laws have mostly been in other States (Florida comes to mind, some guy with the same name got his guns confiscated, even though they knew it wasn't him.) Tax-achusetts comes to mind as well (80-something crossing guard/retired Cop gets Red Flagged and fired over a Karen hearing half a conversation.)

Our INGO LEOs use the words "probable cause" when discussing Laird Law situations. That is what I want to hear. I don't think we'll see the Laird Law go away, but strengthening the language (it no longer says, "may be a danger in the future" or "emotionally unstable" which is not a diagnosis but a broad term) is possible.

 

[2A_Tom]

OK, 3 give the accused the right to sue for pain, suffering, inconvienence and loss.

 

[KellyinAvon]

OK, 3 give the accused the right to sue for pain, suffering, inconvienence and loss.

For $100K I’d turn you in and we’d split it!!

 

[jwamplerusa]

I have pressed my Representative, Schaibley, and others to make changes to Indiana's Red Flag law to at the minimum:

1. [FONT=Times New Roman, serif]There need to be harsh, even extreme penalties, for persons in government service (schools, child welfare, law enforcement, judiciary) who do not act on evidence of persons who present a danger to the community. See item 2 below.[/FONT]​
   1. [FONT=Times New Roman, serif]All to often after the most recent shooting by a deranged individual, we find the person had a long history of threats, law enforcement or academic interaction which strongly suggested the individual was a danger to others. Those who did nothing are as guilty of the atrocity as the shooter and need to be held accountable. (If you need further information, have you staff present you with the history of the Pulse nightclub, Marjory Stoneman, and Dayton shooters among the many for which adequate knowledge of the assailants disturbing behavior was adequately known to utilize our existing laws and judicial system to make them prohibited persons)[/FONT]
      ​
2. [FONT=Times New Roman, serif]Indiana's “Red Flag” law and the FedEx facility active shooter event have disclosed one of my abiding concerns over such laws. See item 1 above.[/FONT]​
   1. [FONT=Times New Roman, serif]Contrary to Prosecutor Ryan Mears protestations, the deficiencies with the current law are lack of accountability for Law Enforcement personnel and / or government employees when they do not take action under the current law.[/FONT]​
      1. [FONT=Times New Roman, serif]An amendment to the current law should add criminal penalties for any government employee who does not take action on any properly executed initiation of the law's protections. Such a provision if in place would have made Mr. Mears and / or his staff members criminally liable for failure to fully execute the process in the time the statute provides when the identified individual later commits a violent act where in the law would have prevented such an event. The concept here is the same as that wherein a criminal who's associate is killed by a defender is charged with murder.[/FONT]
         ​
   2. [FONT=Times New Roman, serif]There need to be HARSH penalties for false reporting under Indiana's “Red Flag” law.[/FONT]​
      1. [FONT=Times New Roman, serif]There is a real and I believe increasing potential for this law to be weaponized by anti-constitution and anti-gun elements of our society. To protect the rights of all citizens, it is critical that adequate penalties be in place to discourage such weaponization of the “Red Flag” law.[/FONT]​

[FONT=Times New Roman, serif][/FONT]

 

[KellyinAvon]

I have pressed my Representative, Schaibley, and others to make changes to Indiana's Red Flag law to at the minimum:

1. [FONT=Times New Roman, serif]There need to be harsh, even extreme penalties, for persons in government service (schools, child welfare, law enforcement, judiciary) who do not act on evidence of persons who present a danger to the community. See item 2 below.[/FONT]​
   1. [FONT=Times New Roman, serif]All to often after the most recent shooting by a deranged individual, we find the person had a long history of threats, law enforcement or academic interaction which strongly suggested the individual was a danger to others. Those who did nothing are as guilty of the atrocity as the shooter and need to be held accountable. (If you need further information, have you staff present you with the history of the Pulse nightclub, Marjory Stoneman, and Dayton shooters among the many for which adequate knowledge of the assailants disturbing behavior was adequately known to utilize our existing laws and judicial system to make them prohibited persons)[/FONT]​
2. [FONT=Times New Roman, serif]Indiana's “Red Flag” law and the FedEx facility active shooter event have disclosed one of my abiding concerns over such laws. See item 1 above.[/FONT]​
   1. [FONT=Times New Roman, serif]Contrary to Prosecutor Ryan Mears protestations, the deficiencies with the current law are lack of accountability for Law Enforcement personnel and / or government employees when they do not take action under the current law.[/FONT]​
      1. [FONT=Times New Roman, serif]An amendment to the current law should add criminal penalties for any government employee who does not take action on any properly executed initiation of the law's protections. Such a provision if in place would have made Mr. Mears and / or his staff members criminally liable for failure to fully execute the process in the time the statute provides when the identified individual later commits a violent act where in the law would have prevented such an event. The concept here is the same as that wherein a criminal who's associate is killed by a defender is charged with murder.[/FONT]​
   2. [FONT=Times New Roman, serif]There need to be HARSH penalties for false reporting under Indiana's “Red Flag” law.[/FONT]​
      1. [FONT=Times New Roman, serif]There is a real and I believe increasing potential for this law to be weaponized by anti-constitution and anti-gun elements of our society. To protect the rights of all citizens, it is critical that adequate penalties be in place to discourage such weaponization of the “Red Flag” law.[/FONT]​

[FONT=Times New Roman, serif][/FONT]

Rep Schaibley authored the 2019 bill I referenced up-thread. It was a step in the right direction for sure. The previous law was frighteningly vague and had been on the books since 2005.