BREAKING: Governor Becomes 21st To Sign Gun Confiscation Law | PLUS Quick ATF Update

This video from Guns & Gadgets discusses the enactment of a Red Flag law in Michigan, signed by Governor Gretchen Whitmer. The speaker argues that these laws violate multiple constitutional amendments, including the Second, Fourth, and Fifth, by allowing firearm confiscation without due process or criminal conviction. The video highlights concerns about the ex-parte nature of these laws and the lower legal standard ('preponderance of the evidence') used for seizure, contrasting it with probable cause. It also touches on an ATF update and potential resistance from local law enforcement.

Quick Summary

Michigan's new Red Flag law, signed by Governor Gretchen Whitmer, is criticized for violating constitutional rights by allowing firearm confiscation without due process. These laws use a lower 'preponderance of the evidence' standard and can be initiated by various individuals, bypassing typical legal protections.

Chapters

  1. 00:05Introduction: Michigan Red Flag Law & ATF Update
  2. 00:40Sponsor Segment: Lear Capital
  3. 01:32Channel Purpose: Second Amendment News
  4. 01:44ATF Update: Alleged Perjury & Enforcement Discrepancies
  5. 03:00Michigan Red Flag Law Enactment Details
  6. 03:45Lack of Due Process in Red Flag Laws
  7. 04:24Who Can Petition for a Red Flag Order
  8. 05:08Law Enforcement Resistance & Threats
  9. 06:00Legal Standard: Preponderance vs. Probable Cause
  10. 07:55Red Flag Laws: Civil Issue & Disarmament Intent
  11. 09:37Call to Action: Share Red Flag Law Information

Frequently Asked Questions

What is a Red Flag law and why is it controversial?

A Red Flag law, like the one recently enacted in Michigan, allows temporary removal of firearms from individuals deemed a risk. Critics argue these laws violate constitutional rights, including the Second, Fourth, and Fifth Amendments, by permitting confiscation without due process or criminal conviction.

What legal standard do Red Flag laws use for firearm seizure?

Red Flag laws typically employ a 'preponderance of the evidence' standard, meaning a 50.1% likelihood of risk. This is a lower legal threshold compared to the 'probable cause' required by the US Constitution for seizing property or restricting freedom.

Can law enforcement refuse to enforce Red Flag laws?

Yes, some local law enforcement officials have indicated resistance. For example, the Livingston County Sheriff in Michigan stated his county would not enforce the Red Flag law, though the state Attorney General threatened alternative enforcement measures.

Who can petition for a Red Flag order in Michigan?

In Michigan, a medical professional, family member, guardian, current or former dating partner, or police officer can petition a judge for a Red Flag order if they believe an individual poses a risk of using a weapon.

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