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A California Man Had His Guns Confiscated Because He’s a Racist

 
 
Reply Sat 1 Aug, 2020 07:10 pm
A California man who reportedly heads something called the Bowl Patrol and espouses hate for various minority groups has had his guns confiscated by the Sacramento County Sheriff’s Office via the state’s “red flag” law. In effect, he lost his guns because he’s a racist.

https://reason.com/2020/07/30/gun-seized-apparently-for-being-a-racist-group-leader/

Given the fluid, ever-changing standards (or lack thereof) for being labeled a racist in 2020, this is a particularly dangerous and disturbing precedent.

Nothing in the quoted statements from Sheriff’s Office officials suggests that the “gun violence restraining order” and gun seizure stemmed from any crime he had committed (including conspiracy or solicitation); it sounds like the basis for the “gun violence restraining order” is his political rhetoric. I found online what is claimed to be an excerpt from the application for the order, though I can’t vouch for its authenticity (I’m trying to get the court file myself)

And while it does lay out a specific theory as to why he is likely to commit violence, I don’t think this can be enough. A person’s hateful and pro-violence rhetoric—whether it’s hatred for blacks and Jews, as Casarez seems to espouse, or for police officers or capitalists or government officials—is by itself the exercise of First Amendment rights, and the government can’t retaliate against such speech by using it as a basis to deny Second Amendment rights. While the government can use speech as evidence of what one has done or why one has done it (a common use in criminal procedures), I don’t think it can use it as evidence of future dangerousness sufficient to deny someone a constitutional right.
 
Dr Sliptinschit
 
  -3  
Reply Sat 1 Aug, 2020 07:25 pm
@Dr Sliptinschit,
Red flag laws are ripe for abuse.

I despise racists. No crime was committed and this person lost a constitutionally guaranteed right. This should be a test case for the validity of such laws...all the way up to the Supreme Court. This simply can't be constitutional.

Red flag laws should be a red flag to all who believe in due process....even for left wing, progressive, racists.
0 Replies
 
oralloy
 
  -1  
Reply Sun 2 Aug, 2020 02:07 pm
He should sue for damages.
0 Replies
 
InfraBlue
 
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Reply Sun 2 Aug, 2020 08:40 pm
His guns weren't confiscated merely because he's a racist. His guns were confiscated because he incited violence and murder against minorities and a certain individual.
0 Replies
 
 

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