But gun control advocates hope a new push for reform in the wake of the Covenant School mass shooting this year will help to close what they say is a dangerous loophole in domestic violence cases that allows offenders to keep their guns.
Tennessee is one of several states that require accused domestic abusers to temporarily surrender their guns under a protective order. But while some states require the guns to be surrendered to law enforcement, Tennessee, along with other states like Texas and Florida, allow what is known as third party dispossession, meaning the
person can transfer ownership to a friend or family member. Advocates say that’s where the problems start.
Notice how the quote begins with a statement they contradict almost immediately: “Domestic abusers” do not get to keep their guns but must relinquish to a third party, but since it is not the police, for the “advocates” it is the same as if they never did it in the first place.
Now, before going any further, I want to make clear that any person who clearly physically abuses a partner or is a proven danger of future violence against wife/husband and kids, should not have access to firearms. But this has to be done properly which means we do not restrict civil rights by taking the “word” of a divorce lawyer or the next-door neighbor mad at the guy because the family dog pooped in his front yard and had words about it. I know of friends going through what was supposed to be friendly divorces, being hit by a false accusation of spousal abuse because the opposing shyster told the wife she would get more leverage and monies for the kiddies that way.
So, how do we balance civil rights with security? By eliminating the punishment imbalance within the Red Flag laws. And that is only accomplished if those involved pay dearly if they are rushing or bullshitting the courts. Make depriving gun ownership without a cause or by deception a Class D felony which comes with 2-12 years in prison and a fine of up to $5,000. And that should cover anybody involved in the violation: Spouse, lawyers, “witnesses,” LEO’s and even sawbones for hire who lend their credentials to be used as legal abuse. Oh yes, for government types, the fines do not come out of the taxpayer’s pocket but their own and they can be paid at once, deducted from their salaries and/or deducted from their pensions.
As for safekeeping of the weapons by the police, once the judge orders the property to be returned, the local fuzz has 24 hours to return the items in the conditions they were taken or be subjected to penalties. Any damage or loss of property is to be replaced, repaired or refunded at retail value within 30 days and the officers or personnel assigned to their safekeeping be penalized for failing to properly secure private property entrusted to them.
This is just some ideas a top of my head. Of course the Opposition will call it “poison pills” which would ruin their intentions which had nothing to do with keeping people alive and more to try and disarm us.