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Red flag laws

Posted: Tue Aug 06, 2019 5:42 pm
by Beebs52
Would these, at some point, allow school or minor records to be evaluated?

Re: Red flag laws

Posted: Tue Aug 06, 2019 5:49 pm
by Bob78164
Beebs52 wrote:Would these, at some point, allow school or minor records to be evaluated?
Depends on how the law is written. Point me to proposed legislative language and I can give you a more specific answer. --Bob

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:00 pm
by Beebs52
Bob78164 wrote:
Beebs52 wrote:Would these, at some point, allow school or minor records to be evaluated?
Depends on how the law is written. Point me to proposed legislative language and I can give you a more specific answer. --Bob
That's sorta the point. Some states have them. Curious how they could be written.

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:06 pm
by Beebs52
California has one.

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:08 pm
by Bob78164
Here's a Wikipedia article on the various red flag laws in force in some states. --Bob

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:15 pm
by Beebs52
Bob78164 wrote:Here's a Wikipedia article on the various red flag laws in force in some states. --Bob
Already read that.

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:16 pm
by Beebs52
My question was re: minor records, school, etc.

Re: Red flag laws

Posted: Tue Aug 06, 2019 6:21 pm
by Bob78164
Beebs52 wrote:My question was re: minor records, school, etc.
Under California law, the judge has to find that the person to be restrained is an imminent threat of physical harm to himself or herself or to others by reason of possession of a gun. And based on the experience of my former sister-in-law, I'm aware that California also removes guns from the possession of persons subject to domestic violence personal restraining orders, but I think that's a separate provision.

I have no idea what evidence the judge is entitled to consider to make the necessary determination. --Bob

Re: Red flag laws

Posted: Wed Aug 07, 2019 8:46 am
by tlynn78
Bob78164 wrote:
Beebs52 wrote:My question was re: minor records, school, etc.
Under California law, the judge has to find that the person to be restrained is an imminent threat of physical harm to himself or herself or to others by reason of possession of a gun. And based on the experience of my former sister-in-law, I'm aware that California also removes guns that they know about and can find from the possession of persons subject to domestic violence personal restraining orders, but I think that's a separate provision.

I have no idea what evidence the judge is entitled to consider to make the necessary determination. --Bob
Fixed it for you.

Re: Red flag laws

Posted: Wed Aug 07, 2019 9:20 am
by Bob78164
tlynn78 wrote:
Bob78164 wrote:
Beebs52 wrote:My question was re: minor records, school, etc.
Under California law, the judge has to find that the person to be restrained is an imminent threat of physical harm to himself or herself or to others by reason of possession of a gun. And based on the experience of my former sister-in-law, I'm aware that California also removes guns that they know about and can find from the possession of persons subject to domestic violence personal restraining orders, but I think that's a separate provision.

I have no idea what evidence the judge is entitled to consider to make the necessary determination. --Bob
Fixed it for you.
I really don't see what point you're making here. Is it that red flag laws won't be 100% effective, so we shouldn't even try?

And in the case of a domestic violence restraining order (such as the one my ex-sister-in-law received against the then-husband who had been beating her for years), there's a pretty good chance that the victim will know what guns to look for and where they'll be. --Bob

Re: Red flag laws

Posted: Wed Aug 07, 2019 9:36 am
by Spock
Bob78164 wrote:
tlynn78 wrote:
Bob78164 wrote:Under California law, the judge has to find that the person to be restrained is an imminent threat of physical harm to himself or herself or to others by reason of possession of a gun. And based on the experience of my former sister-in-law, I'm aware that California also removes guns that they know about and can find from the possession of persons subject to domestic violence personal restraining orders, but I think that's a separate provision.

I have no idea what evidence the judge is entitled to consider to make the necessary determination. --Bob
Fixed it for you.
I really don't see what point you're making here. Is it that red flag laws won't be 100% effective, so we shouldn't even try?

And in the case of a domestic violence restraining order (such as the one my ex-sister-in-law received against the then-husband who had been beating her for years), there's a pretty good chance that the victim will know what guns to look for and where they'll be. --Bob
Bob>>>"there's a pretty good chance that the victim will know what guns to look for and where they'll be. --Bob"<<<

Not disagreeing politically, and you may view this as sexist or whatever, but odds are that a wife (especially a beaten wife) will have no idea what specific guns her husband has-beyond the knowledge that he has some guns. She may have more knowledge of where they are, but even that might be iffy.

A joke among firearms people is that as soon as you can get your wife to say something like "My husband has a lot of guns" you are home free-because then she won't know if you add another one to the mix.

Another joke is that if you put 2 guns in a closet-they breed like rabbits and you end up with a lot more than 2. So it is unlikely that she would know what specific guns he might have.

Hell, a lot of firearms people probably couldn't tell you exactly how many guns they have and of what model. They just tend to accumulate over the years.