06-13-2022, 10:47 PM
"Are you referring to Red Flag laws? First of all, that is not how they work. 19 states have these laws now.
I retired as a LEO in NY over a decade ago. Back then, the agency I worked for issued a directive that officers WOULD confiscate firearms at the scene of ANY "Domestic Disturbance". The onus on getting personal property released was totally on the owner (cue the Mission Impossible music). I SAW cases where the female CLEARLY stated that she did NOT want police to take firearms (ALL firearms were to be "collected", even those owned by said female). Officers following said directive were, in my opinion, CLEARLY depriving citizens who had NOT been convicted of ANY offense, were UNLAWFULLY deprived of their property rights.
Lets see, a person WITH A GUN who was UNLAWFULLY taking property from another. In the NYS Pebal Code, that's the definition of ROBBERY (a FELONY). Buy hey, it's OK, the "perp" is wearing a uniform.
Finally, NY Law Enforcement Agencies have a long track record of "making up" laws they then choose to enforce. Eventually, an agency gets hauled into court where, when it becomes obvious that they WILL lose, they reverse course and somehow manage to get the suit dismissed because the issue has been "fixed". A case against a NY Police Agency has finally made it to SCOTUS. It should be interesting to watch, especially if SCOTUS actually follows the U.S. Constitution. :oldfogey:
I retired as a LEO in NY over a decade ago. Back then, the agency I worked for issued a directive that officers WOULD confiscate firearms at the scene of ANY "Domestic Disturbance". The onus on getting personal property released was totally on the owner (cue the Mission Impossible music). I SAW cases where the female CLEARLY stated that she did NOT want police to take firearms (ALL firearms were to be "collected", even those owned by said female). Officers following said directive were, in my opinion, CLEARLY depriving citizens who had NOT been convicted of ANY offense, were UNLAWFULLY deprived of their property rights.
Lets see, a person WITH A GUN who was UNLAWFULLY taking property from another. In the NYS Pebal Code, that's the definition of ROBBERY (a FELONY). Buy hey, it's OK, the "perp" is wearing a uniform.
Finally, NY Law Enforcement Agencies have a long track record of "making up" laws they then choose to enforce. Eventually, an agency gets hauled into court where, when it becomes obvious that they WILL lose, they reverse course and somehow manage to get the suit dismissed because the issue has been "fixed". A case against a NY Police Agency has finally made it to SCOTUS. It should be interesting to watch, especially if SCOTUS actually follows the U.S. Constitution. :oldfogey: