re: MA Passes Gun Confiscation Bill

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Should be knocked down in the courts at some point. Removing Constitutional rights without due process? Yeah, right.

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I think this is bad policy, and I’m skeptical of how “mental health crisis” will be defined/applied. However I’m not sure there is much of a Due Process/Constitutional argument here.

If you assume that the mental health crisis criterion pass muster (legitimate/not arbitrary or prone to wide interpretation), I don’t see a court preventing police from taking the weapons. It doesn’t sound like it will operate much differently than a TRO.

The police/whomever will show mental crisis, and obtain the order without the gun owner. However, gun owner has right to a hearing within ten days. That hearing is due process. Owner can get weapons back, and presumably get damages/costs if he can show that the original order was malicious or arbitrary