Newest Red Flag Law may have just broken Red Flag laws… This law's language is TELLING…

Published on May 22, 2023
Duration: 7:02

This video analyzes Michigan's new red flag law, arguing its language is unconstitutional and potentially a 'golden bullet' to dismantle such laws. The speaker highlights the burden of proof shifting to the individual and cites violations of multiple Bill of Rights amendments. It also notes some Michigan sheriffs' and counties' opposition to enforcement.

Quick Summary

Michigan's new red flag law is criticized for its potentially unconstitutional language, which shifts the burden of proof to individuals to prove they are not a risk, violating due process. It's argued to infringe upon multiple Bill of Rights amendments, and faces opposition from some Michigan sheriffs and counties.

Chapters

  1. 00:00Introduction to Michigan's New Red Flag Law
  2. 00:50Sponsor Segment: Lear Capital
  3. 01:52Michigan's Red Flag Law Analysis
  4. 02:18Details of the Red Flag Law Legislation
  5. 03:00Unconstitutional Language Identified
  6. 03:51Bill of Rights Violations by Red Flag Laws
  7. 05:45Local Sheriffs and Counties Oppose Enforcement
  8. 06:24Future Gun Safety Measures in Michigan
  9. 06:55Conclusion and Viewer Engagement

Frequently Asked Questions

What is the main criticism of Michigan's new red flag law?

The primary criticism is that its language is potentially unconstitutional, particularly by shifting the burden of proof to the individual to demonstrate they are not a risk, rather than the government proving an offense has occurred. This is seen as a violation of due process.

Which amendments are cited as being violated by red flag laws?

Red flag laws are argued to violate the First Amendment (freedom of speech/assembly), Second Amendment (right to bear arms), Fourth Amendment (unlawful search/seizure), Fifth Amendment (due process, property seizure), Sixth Amendment (right to trial), Seventh Amendment (jury trial), and Eighth Amendment (excessive fines).

What is the role of the judge in Michigan's red flag law process?

A judge has 24 hours to decide on a protection order after a request is filed. If granted, the judge then has 14 days to set a hearing where the flagged individual must prove they do not pose a significant risk.

Is there opposition to Michigan's new red flag law within the state?

Yes, over half of Michigan's counties have passed resolutions declaring themselves Second Amendment sanctuaries. Additionally, some local sheriffs have indicated they will not enforce the law if they believe it is unconstitutional.

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