These citizens are also being assisted by gun rights groups.
The Second Amendment Foundation (SAF) took up the cause with its “Capture the Flag” program targeting California, Florida, Massachusetts, New Jersey and Washington. SAF founder and Executive Vice President Alan M. Gottlieb noted his group’s long-standing efforts against the statutes and the reason for their aggressiveness.
“All of these laws should raise alarms because they prioritize citizen disarmament ahead of due process, and that can easily lead to deprivation of rights under color of law.”
But while the SAF fights to retain constitutional rights in the wake of these laws, a prominent state attorney general is pushing back against judges ruling they violate the Constitution.
New York’s Letitia James is actively appealing decisions from several judges who concluded the laws circumvent due process protections as well as violate the Second Amendment.
Since New York’s red flag law was enacted four years ago, over 6,400 orders were approved by judges. But three jurists declared them unconstitutional as they strip firearm rights without a doctor’s opinion provided.
James’ office filed its arguments against the judge’s decisions in July with the goal of stemming the flow of rulings counter to the state law. And while New York argued that gun ownership is limited to law-abiding citizens, advocates counter that many people saw their weapons confiscated without even being accused of a crime.
In fact, New York judges may issue Extreme Risk Protection Orders without a mental health official ever being involved in the case.
This is the major point of contention and the shining example of due process rights being trampled by red flag laws.
