By Evan F. Nappen
Attorney at Law
USA – -(AmmoLand.com)- With deadly Red Flag laws popping off now in every state and GOP caving at the Federal level here are seven things you need to know to protect your property and rights in the face of the coming flood of red flag law misuses and abuses.
1) Privately photograph your firearms and record their make, model, type, caliber, serial number and condition, in case they “disappear” if seized by the Government. Store the information “off site.”
2) Have homeowner’s insurance and an umbrella policy. If a family member wrongfully uses a firearm, you may be sued for failing to “Red Flag” them.
3) Know your jurisdiction’s gun laws and make certain that you do not possess anything prohibited. This includes accessories such as prohibited magazines, bump stocks, etc. If these prohibited items are seized under Red Flag, you may also face criminal charges.
4) Have an attorney knowledgeable about guns and Red Flag laws ready to help you. You might want to consider getting a legal protection plan that may cover Red Flag seizures such as U.S. Law Shield. (See www.uslawshield.com )
5) Never physically resist a Red Flag raid. Gun owners have been shot and killed by the Government during Red Flag raids.
6) Ask for your attorney and do not make any statement until you first speak with your attorney. You have a 6th Amendment right to counsel – do not waive it.
7) Remember: Due Process now comes AFTER the Government takes your guns first.
About Evan Nappen:
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for several decades. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com
I am a LEO north of Detroit. The guys in my department, from the chief down, refuse to enforce anything “non-constitutional!!” Some of us LEO’s have got the publics back!!
Deprivation of Rights under color of law through the use of deadly force is a capital offense. (Penalty enhancer) And in my state, if any LEO criminally uses or threatens imminent bodily harm or death, you are within your rights to shoot back.
The most important thing is to have one or more firearms and their necessities stashed separately from your primary storage place.
ERPO/GVROs miss one very BIG point. If the person is too dangerous to have a gun, what about all their other potential weapons? Hammers, knives, bats, household chemicals, car/truck, etc.? So it’s OBVIOUS ERPO/GVROs are not anti-threat, they are anti-gun!
Red Flag insanity will stop when people actually start shooting back! Yeah, you could try going the legal eagle route and MAYBE you MIGHT get your guns back – and maybe you’ll be declared a prohibited person for LIFE without due process or any other constitutional protection, because Red Flags are pure tyranny! OUR FOUNDING FATHERS WOULD BE SHOOTING BY NOW. If gun owners take a lesson from Aleksandr Solzhenitsyn and use overwhelming violence against the gun gestapo every time they come for someone’s guns, they will stop coming for people’s guns!!! The system will grind to a halt and… Read more »
As the communist democrats continue their march to a communist America, the American people complain “Why doesn’t SOMEONE do something?”. Well, YOU are the “someone”. Because apathetic and lazy Americans were busy tapping on their phones, the communist democrats were busy forming new ways to urinate on the Constitution. Because lazy and cowardly Americans stay home instead of getting out and canvassing for freedom, the communists are winning. WHEN was the last time YOU went to a City Council meeting and reminded them “The spirit of resistance resides with the American People.”? Or, “Governments exist because the People created them… Read more »
In California, one of the first states to impose these restrictions, a judge can impose a temporary order for 21 days without any hearing (long enough for, say, an estranged spouse to use it to disarm their intended victim before the murder attempt). This law has been in place long enough for a disturbing trend to emerge. According to the San Francisco Chronicle, the vast majority of these so called gun violence restraining orders are requested by police. In 2016-17, of 189 orders granted by the courts, only 12 were requested by family members. Some municipalities are much more aggressive… Read more »
Just wondering, not advocating, but maybe anonymous phone calls to report local liberals and Democrats as being a danger to themselves and the public (which would not be untrue) would be a proper response to all this bullshit legislation and have the cops show up and search and seize their property for a change. Like I said, just speculation, not advocating, as breaking the law by falsely accusing someone is illegal and I would never propose anything illegal (that’s a liberal/Democrat practice).
Not only are we vulnerable to harm or death due to Red Flag Law raids, but also LEOs. They should recognize this and stand together against unconstitutional laws. Many of them are guys and gals just like us, veterans and gun enthusiasts, etc., and they should put the Constitution first and not their jobs. Stand against these power hungry politicians. They will use these laws to separate us from law enforcement, when really we are the same types of people.
Don’t discuss firearms with people you don’t trust, or have just met. Ever. Don’t threaten anyone, ever. Break up your collection of firearms, ammo, accessories, etc. and store them in several locations. If you happen to possess items that are illegal now, keep them well separated from legal firearms. Keep the firearms you can afford to lose in plain sight. If they come, they can take those. Forget photographing anything, or writing serial numbers down. If they take them, you ain’t getting them back, unless you have a very good lawyer and the funds to pay for said lawyer. The… Read more »