First off, there is no 'confiscation' or 'search and seizure' component to the EOs issued by the governor. In the case of both the Odessa/Midland shooter and the El Paso shooter people had supposedly reported the lunatics to law enforcement. The Executive orders are essentially directing Law Enforcement to better investigate reports they receive and to help educate the public about what to report.
Lets say I'm reported as a crazy man that someone believes is going to do something bad, possibly with a gun to the local LEOs. First they need to investigate if the report is accurate. Lets say I'm normal and sane, which they determine is the case so they inform the reporting party of their findings and ask them to report anything they observe that might change the LEOs minds.
Lets say they determine I am crazy, and dangerous. First thing they need to do is gather evidence to get me involuntarily committed, take me into a court, have the court agree I am crazy and declare me so. Once that is done I'm a prohibited person and getting mental help which may have prevented a potential mass shooting.
Lets say that they determine I am not crazy, but I am part of ANTIFA or a white nationalist group and it appears that I intend to do something illegal. Now they must investigate further, collect evidence, get a warrant, arrest me, put me on trial, convict me, and then they can take my guns.
The thing is that in both instances where they take my guns I have due process and those options are already available to LEOs across the country as you are reading this. This isn't a red flag law, it's an effort to use the tools we already have to make sure that a red flag law is seen as unnecessary by enough politicians to ensure that such legislation doesn't pass.
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- by G.A. Heath
- Thu Sep 05, 2019 9:58 pm
- Forum: Gun and/or Self-Defense Related Political Issues
- Topic: Gov. Abbott Issues Executive Orders
- Replies: 26
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