New York Judge Finds Red Flag Law Unconstitutional
BY Herschel Smith
I dislike that the judge relied on the fact that no psychiatrist needs to be involved in the current New York law in order to seize firearms. The mere word of another person can do it. This law should have been overthrown because it’s clearly unconstitutional. But turning to the neighborhood witch doctors for the infallible word on your state of mind is a bad idea for too many reasons to list, not the least of which is the fact that only God knows the heart of man. Another problem is that one can trust due process only if they trust the process (this sounds like a tautology but it’s not). The ‘due’ part of due process relies on the truthfulness and viability of the justice system to administer justice. More often than not, justice is whatever wicked men want it to be.
But this is better than the alternative, which is that the law could have been found constitutional.
On April 5, 2023 at 6:41 am, Latigo Morgan said:
No judge will ever just point out that the end of the Second Amendment says, “..shall not be infringed.” and just toss something out based on that alone.
On April 5, 2023 at 6:41 am, Joe Blow said:
Yeah, ugly victory or not, I’ll take the win.
You highlight the over-arching problem at the root of this matter – a lawful society.
Judges advocating from the bench has always been a problem, but I think its safe to say we have reached new lows (looking at you Bragg!!!) The current environment of politically active judges does not bode well (see Wisconsin supreme court election miasma). Between fraudulent elections that do not get investigated, to judges straight up re-interpreting laws as they wish, we can no longer consider ourselves a lawful society. It is all a facade.
If we lived in a lawful society, the 2nd amendment would obviate even the discussion (shall not be infringed), but that is not the case. Folks who expect the rule of law to prevail in defending their rights… well, I’ll stop there and keep things polite.