this post was submitted on 22 Apr 2025
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[–] untakenusername@sh.itjust.works 4 points 3 months ago (2 children)

I'm fine with an armed population, as long as people that might harm themselves or do mass shootings cant get weapons.

[–] pyre@lemmy.world 10 points 3 months ago (1 children)

"people who do mass shootings can't get weapons" just means "everybody gets to do one mass shooting but no more"

[–] untakenusername@sh.itjust.works 2 points 3 months ago (1 children)

Or just implement a process to check the mental health of people who want to get guns, and if theyre insane and are at risk of doing that, then they dont get the guns

[–] pyre@lemmy.world 3 points 3 months ago* (last edited 3 months ago)

I reread your comment and I think I parsed it differently than the way you intended it.

what you said:

people that might harm themselves or do mass shootings

what you certainly must have meant by it:

people who might:

  • harm themselves
  • do mass shootings

the way I read it:

people who:

  • might harm themselves
  • do mass shootings

so there's where my comment comes from.

[–] TangledHyphae@lemmy.world 4 points 3 months ago* (last edited 3 months ago)

The problem with red flag laws in some jurisdictions are false accusations.

Even before getting into constitutionality there are these issues:

  1. Due Process Concerns:
  • Lack of Opportunity to be Heard: Red flag laws often allow for temporary confiscation of firearms without the individual being present in court or having an opportunity to present their case.

  • Ex Parte Proceedings: Some red flag laws allow for hearings to be conducted without the individual's presence, raising concerns about fairness and due process.

  • Inadequate Legal Representation: There are concerns about whether individuals facing red flag petitions receive adequate legal representation, particularly if they cannot afford a lawyer.

  1. Potential for Misuse and Abuse:
  • Subjectivity in Defining "Risk": The definition of what constitutes a dangerous individual or a threat can be subjective, potentially leading to the misuse of red flag laws.

  • Misapplication to Lawful Gun Owners: Some worry that red flag laws could be used against individuals who are not actually dangerous or who are not a risk to themselves or others.

  • Risk of Escalation: Some fear that law enforcement actions under red flag laws could escalate tense situations, potentially leading to confrontations.

But for the sake of completeness:

Infringement on Gun Rights: Critics argue that red flag laws infringe on the Second Amendment right to bear arms, even if the gun is temporarily removed.

Violation of Property Rights: The temporary seizure of firearms raises questions about whether red flag laws violate an individual's right to own property.

Potential for Discrimination: There are concerns that red flag laws could be used to target certain groups or individuals based on stereotypes or biases.