Wednesday, June 22, 2022

Proving A Negative ... Guns This Time

As in sexual harassment law, the the new "do something" gun law puts the burden of proof is on the accused, not the accuser. 

While common law forever has put the burden of proof on the accuser rather than the accused because proving a negative is nigh on impossible, we continue to slip into the insanity of "prove to me that we have not been visited by space aliens",.

On federal red flag law funding, perhaps the most controversial provision, the bill makes a big show of demanding protections for “due process rights” and against “infringement of the Constitution.” It demands there be penalties against “abuse of the program.” All of this is unenforceable, as Republicans know. A number of blue states have already passed red flag laws that nullify gun rights on the word of third-party accusations—sometimes, ex parte—and not only demand the accused prove their innocence before having their rights reinstated but allow for property searches without the usual evidentiary standards. Until the Supreme Court undoes these laws, highly unlikely, states will receive funding. But it’s one thing for California or Rhode Island to do so, and it’s another for national Republicans to fund their efforts.

"Ex-parte" done with respect to or in the interests of one side only ... in this case, only the accuser. 

So a disgruntled spouse, ex lover, neighbor, someone in your community that doesn't like you, just doesn't like guns, etc can have your house searched with no due process, and if your guns are found, remove them with no due process. 


As in all totalitarian states, removal of rights, and even locking them up without due process is an important government principle. The US used to be a real champion of "innocent until PROVEN guilty", and if you were a "protected group" (any minority), that proof had to be really airtight. 

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