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Red Flag. Laws that confiscate guns from people without due process of law are a violation of the 4th amendment 

Words of the founders:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...

Since the founders wrote it until some of the red flag laws (and parts of the Patriot Act, but that is another discussion) have never been iinfringed upon. Infact, it is woven in the fabric of our justice system. 

Warrentless seizures and warrents issued without sufficent proof are violations of the 4th.

In cases where an hysterical spouse or friend or family member comes in makig a claim that the person of interest is either suicidal or an immediate threat to them or others law enforcement should have the duty to investigate further before obtaining such a warrants. This would allow them to take the subject in for questioning removing the subject from access to their weapons.  This includes investigating the accuser and their possible motives.  If found necessary they could place the subject into a 5150 hold at a psych hospital where licensed Psychiatrist could asses whether the subject is a danger to themselves or others.  If the psychiatrist find the claims to be true they would continue to hold them past their 72 hour hold and the police would then have a credible witness to obtain their warrant and have time to exccute it safely.

If it is found that a false claim has been made than the person(s) should be charged with filing a false police report. That should result in the minimum sentence in jail of the time that the now determined not guilty subject was  deprived of their freeedom or up to 6 months (which is what the charges maximum is currently). If informed that if the report they are making is found to be false. This just may cut down on vengeful reports being  withdrawn saving a lot of people time and money that could otherwise have been avoided.

Am I wrong?

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