How to Prepare For A Red Flag Confiscation Order At Your House

Acujeff

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How to Prepare For A Red Flag Confiscation Order At Your House
BY JOHN BOCH | APR 18, 2019

How to Prepare For A Red Flag Confiscation Order At Your House - The Truth About Guns


Who needs to think about red flag confiscation orders? If you live in one of those states with red flag laws (WA, OR, CA, IL, IN, NY, NJ, MD, FL, RI, VT, CT, DE, MA), and now Colorado, cops could show up unannounced at your home with a court order to take your guns.

It couldn’t happen to you?

Don’t be a fool.

How is your home life with your significant other? Do you have any current or former disgruntled business partners or employers/employees? Have any issues with parents, children or other relatives? How do you get along with the in-laws? The neighbors? Co-workers? Ex-girlfriends/boyfriends? Had any bad Tinder (or Grindr) dates?

If you’re like most folks, you’ve angered someone at some point in your life who might file a complaint to get even. Especially if they know you embrace America’s gun culture.

If they have a “red flag” order to seize the firearms, they already have the authority to search for them. Unless you want your entire dwelling turned upside down, you might as well let them know where the firearms are stored. Depending on the officers involved, I suppose that could happen anyway, but why give them an excuse?

Another thing to consider is that your actions and attitude during the seizure might be used as evidence during the hearing that will ultimately take place. If you go off on a rant about “that bitch” or otherwise lose your temper, you just give the petitioner more evidence to put before the judge to support the argument that you are too dangerous and unstable to have a firearm.

If I were to represent a client (yes, I’m a lawyer) in a proceeding following such a seizure, my ideal witness would be a cop who testified that he served the order on my client, that my client was calm, polite, and cooperative at all times, and that the only request that he made was that he be allowed to call his lawyer.

I would also like to hear him say that the client seemed surprised, but made no effort to find out the source of the information that led to the order. That’s my job. Asking, “Who did this to me?” or “Did Mary put you up to this?” just feeds the narrative that you have a beef with Mary, and maybe, just maybe, Mary might be right to fear you.

In addition, you have just given the officer an excuse to ask, “So what’s the problem with Mary?” He can write your answer in his report, and it is admissible in evidence; but if you say something different in court, that original answer may come back to bite you.

In short, when you are in a deep hole, stop digging. Just shut up, do what the officer says, and let us sort it out in court. You may lose, but at least you will not have made it easier for the other side to prove its case.

Some things you won’t be able to do
If you are served with a red flag order, you will not be able to purchase firearms. Not only would lying on a 4473 expose you to federal and probably state charges, but the NICS check would probably block the sale even if you did lie misrepresent your status.

Another thing not to do: refuse to allow cops entry into your home if they show up on the doorstep with that court order. They have the right to enter and the will do it. If you resist, they will use force. Up to and including deadly force.

You won’t get your guns back if you’re dead.

Even if you’re sure you’re in the right and the order is frivolous or maliciously-inspired, you won’t win that debate with the police officers standing on your doorstep. They are coming in and they will be taking your firearms. You won’t be helping your chances of getting your guns back at a later date giving law enforcement a hard time.

Best advice: bite your tongue. The best course of action may be to help the officers collect the guns in an effort to expedite their mission and get them out of your home as soon as possible. If you don’t assist them, they may end up crawling around in your attic, poking around in your basement – or worse.

What next?
At that point, you will need to retain a lawyer to represent you at the formal hearing that will take place in about 10 days or so.

Perhaps the best way to protect yourself from these gun seizure comes by buying a little peace of mind. While you will lose the battle on the day the cops show up with a Red Flag, knowing you won’t have to spend a bunch of money on an attorney to win the war will help you stay calm as cops carry away your shotguns, rifles and handguns.

Some gun owners insurance programs will represent its clients in red flag hearings.


There's more info on moving or transferring your guns and ammo in advance of a suspected Red Flag confiscation in the article at the link.
 
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greencobra

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i live alone now with no one to bother me. YES! took a lot of years to get to heaven. but serously, had this thought monday when i was waiting for my blue bullets order...what if they were delivered to my neighbor in error. won't get into how this happens all the time, but if she got my box and opened it, i actually feared she'd call the police. she's a pastor at her church, has signs all over her yard..."everyone is loved here", "only peace through this doorway" "stop the violence", you get the idea. she still has hillary 2016 stickers on her car and hosts gang bang look a likes at the house for tea and cookies. i wouldn't put it past her. did i mention she's a miserable bitch? she'd probably tell 'em i had a bomb factory over here.
 

SgtHal75

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This is a great post and definitely something to think about but my one question; how are you supposed to prepare for a red flag order, isnt that the whole point of the red flag bill? Show up unannounced and knock and say hand them over?..Having some type of insurance for an attorney is definitely a great point to.
 

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"Freedom, a word once yelled across fields and farms, now it is whispered in secret by Men not worthy to lick the boots of those who came before them..."
~Enbloc

How to Prepare For A Red Flag Confiscation Order At Your House
 

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i live alone now with no one to bother me. YES! took a lot of years to get to heaven. but serously, had this thought monday when i was waiting for my blue bullets order...what if they were delivered to my neighbor in error. won't get into how this happens all the time, but if she got my box and opened it, i actually feared she'd call the police. she's a pastor at her church, has signs all over her yard..."everyone is loved here", "only peace through this doorway" "stop the violence", you get the idea. she still has hillary 2016 stickers on her car and hosts gang bang look a likes at the house for tea and cookies. i wouldn't put it past her. did i mention she's a miserable bitch? she'd probably tell 'em i had a bomb factory over here.
Even living alone, you wouldn't need a misdirected package. Just an errant nephew who runs his mouth.
 

Dadstoys

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When I was in my 20's I had an ex girlfriend file a false report of me having a sawed off shotgun.
This is someone I had not laid eyes on in three years and although the break up wasn't all that pleasant , it certainly wasn't wild and wooly.
This came right out of the blue.

Several things saved my ass from a bad situation.
It was a very small town and the Chief had known me since childhood and paid me a personal visit to talk about it instead of an early morning door kicking .
She was well known as a flake and had filed a false paternity claim against someone else after we split up.
We worked it out and determined it was a fake claim in an amicable manner with no dogs shot and no arrest.

At the time I had no idea where this all came from but later found out from a third party she was running her mouth and bragging how she had f*cked me over. (So she thought ).

I can't even begin to image how that would have gone now days.
 

HorizontalHunter

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Do they also take non-firearm items? Muzzleloaders, pellet rifles, other accessories?

I remember watching the California AR confiscation and the police really wanted that case that they were in as well.

Bob
 

SpaceCritter

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When I was in my 20's I had an ex girlfriend file a false report of me having a sawed off shotgun.
This is someone I had not laid eyes on in three years and although the break up wasn't all that pleasant , it certainly wasn't wild and wooly.
This came right out of the blue.

Several things saved my ass from a bad situation.
It was a very small town and the Chief had known me since childhood and paid me a personal visit to talk about it instead of an early morning door kicking .
She was well known as a flake and had filed a false paternity claim against someone else after we split up.
We worked it out and determined it was a fake claim in a amicable manner with no dogs shot and no arrest.

At the time I had no idea where this all came from but later found out from a third party she was running her mouth and bragging how she had f*cked me over. (So she thought ).

I can't even begin to image how that would have gone now days.
The scary thing is... you can't avoid it even by saying NO. Nothing sets off a nutjob female quite like being turned down.
 

enbloc

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We need a False Flag Militia who will act on a moment's notice with unbridled aggression using Quick Reaction Force tactics...

If We take this shit...We Deserve it.

Quick Reaction Force or (QRF) is a military unit, generally platoon-sized, that is capable of rapid response to developing situations. They are to have equipment ready, to respond to any type of emergency, typically within ten minutes or less.
 
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greencobra

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Even living alone, you wouldn't need a misdirected package. Just an errant nephew who runs his mouth.
let me tell you...last winter this vagabond guy about 30 shows up at the door, wanted to shovel my driveway. we're talking and he asks me if some guy lives here that owns guns. i'm huh? what? noooo, i've been here a long time, no one like that was ever here. he says about 15 years ago, he hung out with two kids who lived at this house (my nephews lived here for a while with my sister, they would have been about 15, so age was right) and he tells me they use to steal loose ammo and shotgun shells and gave him some. i almost shit my pants right there. so yeah, i can see something weird happening. little shits. and yes, the ammo was locked with me having the only key...or so i thought.
 
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SgtHal75

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When I was in my 20's I had an ex girlfriend file a false report of me having a sawed off shotgun.
This is someone I had not laid eyes on in three years and although the break up wasn't all that pleasant , it certainly wasn't wild and wooly.
This came right out of the blue.

Several things saved my ass from a bad situation.
It was a very small town and the Chief had known me since childhood and paid me a personal visit to talk about it instead of an early morning door kicking .
She was well known as a flake and had filed a false paternity claim against someone else after we split up.
We worked it out and determined it was a fake claim in an amicable manner with no dogs shot and no arrest.

At the time I had no idea where this all came from but later found out from a third party she was running her mouth and bragging how she had f*cked me over. (So she thought ).

I can't even begin to image how that would have gone now days.
Did u file or try to file any charges against her for filing a false police report?
 
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enbloc

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comply and hire a lawyer.
Comply = Soap-on-a-rope, and a toothbrush...


Pro Tip: Don't put S.O.A.R. around your neck. It will make it easy for Bubba to control you in the shower.
Instead, wrap it around your right fist and practice swinging at your pillow; that you have drawn a face on, and practice saying in your deepest voice:
"You want some of this? Huh, You want some?".
You can also rub the end of the toothbrush handle into a point on the concrete floor and practice rapidly jabbing the eyes, neck and throat of the pillow...

And try to be polite in prison, will ya.
 
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