It’s adorable how many Democrats (and surprisingly, even some so-called Republicans) are trying to pretend Red Flag Laws won’t be abused and used to target certain people in this country. Hell, we saw Rep. Eric Swalwell openly target Ben Shapiro on Twitter saying he should never be able to own a firearm …
Oh, and if you look at how the actual Red Flag Laws work it’s pretty obvious they are ripe for abuse.
This thread from Alexandria Brown just nails it – take a look:
Sorta Twitter Law School – let's talk Red Flag Laws and ex parte orders and due process and how anyone who tells you don't worry, the process won't be abused and there are robust due process protections is, at best, wildly naïve and, more likely, is lying to your face.
— alexandriabrown (@alexthechick) June 16, 2022
Yes, yes they WILL abuse Red Flag laws, and don’t let ANYONE tell you any different.
Your legal vocabulary term for the day is ex parte – this means without party in Lawyer Latin. An ex parte order is one issued without both parties being present. There are valid reasons for this. In matters where time is of the essence, courts need the ability to issue orders.
— alexandriabrown (@alexthechick) June 16, 2022
This is to protect the person, property, or rights of another. To move it out of interpersonal matters, in civil litigation an temporary restraining order may be issued for documents or items to be preserved because the other side might dispose of them before suit can be filed.
— alexandriabrown (@alexthechick) June 16, 2022
You can tell what’s comin’, right?
Keep going.
Ex parte orders are needed due to human nature. Sometimes things need to be done quickly and courts are not designed for speed. Make no mistake, though. The due process protections for the party against whom the order is issued come into effect after the issuance of the order.
— alexandriabrown (@alexthechick) June 16, 2022
Recommended
To show the potential issues with Red Flag laws, I shall discuss what happened to a client with the issuance of a protection order against him. He had an ex-wife who was bipolar and who refused to take her meds. She continued to harass him years after their divorce.
— alexandriabrown (@alexthechick) June 16, 2022
She showed up to court with a black eye and said he punched her in the face. She sought a protective order against him, which the judge issued. She also filed a criminal complaint for assault against a woman. The protective order statute requires gun confiscation until hearing.
— alexandriabrown (@alexthechick) June 16, 2022
See?
Client leaned about this when the police showed up to serve him with the order and summons for court appearance. He was stunned by this not only because he didn't hit her but because he was out of the state on the date this supposedly happened. The told the police this.
— alexandriabrown (@alexthechick) June 16, 2022
The police shrugged and said we're just here to serve you and get your guns. That is true. The cops do not adjudicate, they only do what the court says. So he turned over his guns and then got in touch with us later that day. Boss and he were long time friends.
— alexandriabrown (@alexthechick) June 16, 2022
Boss told him to get together every bit of documentation about him being out of town, hotel receipts, meal receipts, any video of him at the gathering he was attending, all of it. Boss also got in touch with the DA and said he was out of state, he couldn't have done this.
— alexandriabrown (@alexthechick) June 16, 2022
DA said I'm not dropping this but move to dismiss and we'll hear both motions at the 10 day hearing on the protective order. So we filed the motion to dismiss and motion to consolidate and then Boss went to the hearing. The crazy ex didn't show up to the hearing at all.
— alexandriabrown (@alexthechick) June 16, 2022
Shocker.
Boss presented everything to the judge. Judge told the DA withdraw the charges or I'm dismissing. The DA said fine, I'll withdraw. Now, it's better for the stats on the DAs side to withdraw then to have the case dismissed. Judge also refused to extend the protective order.
— alexandriabrown (@alexthechick) June 16, 2022
Client asked where do I pick up my guns. Judge said you have to go through the paperwork to do that. We'd anticipated that so we had the forms ready and the judge signed the forms. Client said where do I pick them up and judge said this has to be processed, it'll take three weeks
— alexandriabrown (@alexthechick) June 16, 2022
Three weeks.
After they’d already had his guns for several days.
Client also asked the DA when the hearing would be for the ex's perjury charges. The DA said what perjury charges? Client got very upset because it was obviously perjury, he wasn't even in the state, she provably lied, that's perjury. DA said no we don't charge in these cases.
— alexandriabrown (@alexthechick) June 16, 2022
WHAT?
Three weeks go by and client starts calling the sheriff's office to get his guns back. He keeps getting the run around. Boss had to threaten to go back to court to get an order compelling compliance. When client picked up the guns, his Mossberg shotgun was gone.
— alexandriabrown (@alexthechick) June 16, 2022
Wow.
The sheriff's office initially denied that he even had one, luckily he'd kept a copy of the inventory. It took seven months for him to get reimbursement for the Mossberg. The sheriff's office never did say what happened to it other than there must have been a mix up.
— alexandriabrown (@alexthechick) June 16, 2022
A mix-up.
Right.
While all of that is going on, client was looking for work. He had two interviews that went well and he was told that he would be offered the job once the background check was done. Both jobs retracted offers after the background check came back.
— alexandriabrown (@alexthechick) June 16, 2022
Oh FFS.
So we had to get copies of the background checks from the background check services. Sure enough, due to how the database on the state side was maintained, the data scrape pulled the protection order and the charge but the dismissal wasn't showing up yet.
— alexandriabrown (@alexthechick) June 16, 2022
Keep in mind he hadn’t done anything, his crazy ex just said he did.
Scared yet?
Client now had to decide if he wanted to disclose to a potential employer that, hey, I have a crazy ex who claims false things about me, here's a copy of the dismissal paperwork or if he wanted to wait the five weeks it would take for the dismissals to propagate through the dbase
— alexandriabrown (@alexthechick) June 16, 2022
Also the dismissal paperwork on the criminal charges was marked dismissed due to failure of complaining witness to appear. That said nothing about she lied about this entire thing. Boss had to explain the situation to an employer who, thankfully, listened.
— alexandriabrown (@alexthechick) June 16, 2022
Thankfully, indeed.
Because they were friends, Boss handled this at a very low rate. It still cost the guy $2,500. If it had been at Boss's standard rate? Well over $10,000. All for something that was an actual lie. But but but alex! Due process! It worked! Sure. In theory, it did.
— alexandriabrown (@alexthechick) June 16, 2022
In ‘theory’.
The protection order was not renewed. The criminal charges were dropped. He got all but one of his guns back. He got a job, eventually. It all worked. Sure it did. All it cost him was $2,500, months of his life, humiliation during interviews, and immense stress. For a lie.
— alexandriabrown (@alexthechick) June 16, 2022
For. A. Lie.
She was never charged with perjury. There was no point in suing her since she didn't have any money. If you think that this won't happen with Red Flag laws, you are suffering from disordered thinking and, hey, isn't that a red flag? /fin
— alexandriabrown (@alexthechick) June 16, 2022
This. ^
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