The short version is one is banned from owning or possessing guns based on accusations from others. The accusation does not necessarily need to be of a crime nor does evidence need to be provided. The accusation simply needs to be a ‘red flag’ (a term which means many different things in different areas). A common one is accusing one of being likely to commit a crime in the future.
how do they hold up against 2A
They are not likely to fail a 2A challenge as the 5A challenge will be much easier to argue for a defendant. Barring one from exercising a right who has not been convicted of a crime is basically guaranteed to fail a 5A challenge.
The short version is one is banned from owning or possessing guns based on accusations from others. The accusation does not necessarily need to be of a crime nor does evidence need to be provided. The accusation simply needs to be a ‘red flag’ (a term which means many different things in different areas). A common one is accusing one of being likely to commit a crime in the future.
They are not likely to fail a 2A challenge as the 5A challenge will be much easier to argue for a defendant. Barring one from exercising a right who has not been convicted of a crime is basically guaranteed to fail a 5A challenge.