The New American – An assortment of new restrictions on the Second Amendment in Florida also launched an attack on the Fourth Amendment, as well. As The New American noted last week, Florida’s new “red flag” law abrogates the Fourth Amendment on the way to violating the Second Amendment:
Simply put, someone who thinks someone else might be a danger to himself or others can present his arguments to a judge who then, based upon those arguments, is free to decide whether the state (police armed with guns and badges) can forcibly remove privately and legally owned firearms from that person’s possession. The “red flag” provisions do not allow the person charged to defend himself or even to know who his accuser might be. Further, he must prove his innocence in order to get his confiscated firearms returned to him. He is “guilty until he proves himself innocent.”
All in violation of the Fourth Amendment, which states: “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 to be seized.”
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