this post was submitted on 25 Jul 2025
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Greentext

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This is a place to share greentexts and witness the confounding life of Anon. If you're new to the Greentext community, think of it as a sort of zoo with Anon as the main attraction.

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[–] Duke_Nukem_1990@feddit.org 29 points 1 day ago (2 children)

No. Thats 4chan, a place of lies and deception.

[–] GhostedIC@sh.itjust.works 42 points 1 day ago (2 children)

https://en.m.wikipedia.org/wiki/Red_flag_law

Despite being blatantly unconstitutional (deprives a citizen of rights based on an accusation without trial) red flag laws exist in 21 states.

In this particular thread, 4chan is a better source of information than Lemmy.

[–] arrow74@lemmy.zip 9 points 1 day ago* (last edited 1 day ago) (1 children)

If you look at the numbers in your own post these laws are used very rarely, and in every state a fraction of petitions applied for are granted.

There needs to be actual evidence greater than "ex girlfriend said so" for a court to grant the request.

Ironically by the numbers Florida seems to be the state most likely to use the law. Granting a total of 2,355 in 2020. California on the other hand has issued only 984. These are the 3rd and 1st most populous states respectively.

Given how many people go through breakups each year and how many people are insanely petty, seems like it's not just based on a disgruntled ex's word.

[–] booly@sh.itjust.works 4 points 1 day ago

Florida seems to be the state most likely to use the law.

I wonder if the stat is skewed by the fact that Florida has the largest population of Florida Men.

[–] KombatWombat@lemmy.world 3 points 1 day ago (1 children)

The government is allowed to suppress your constitutional rights in cases where it's narrowly tailored to a legitimate government interest (the strict scrutiny standard). This may seem suspect, but it allows the government to do things like prevent people from bringing guns into schools or planes, or spreading private information or harmful lies about others, or being overtly loud when their neighbors are trying to sleep. It does require a high burden of proof from the potential violating body, so it's not done casually.

For red flag laws, I imagine temporarily seizing the guns of someone who a judge is convinced is a significant danger to themselves or others would meet this standard. From what the other commenter said, it sounds like it isn't done casually in practice. We are missing parts of the story that may make it seem prudent.

[–] GhostedIC@sh.itjust.works 0 points 1 day ago (1 children)

Red flag laws, as written, don't come anywhere near a strict scrutiny standard and rarely involve a judge. Usually police are empowered to make the decision, or worse, instructed to always seize weapons immediately until a judge says give them back, even if the police think it sounds like bullshit (as in the scenario of the greentext).

[–] KombatWombat@lemmy.world 1 points 14 hours ago

From the Wikipedia page, emphasis mine:

In the United States, a red flag law (named after the idiom red flag meaning “warning sign“; also known as a risk-based gun removal law,[1]) is a gun law that permits a state court to order the temporary seizure of firearms (and other items regarded as dangerous weapons, in some states) from a person who they believe may present a danger. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question.[2] Refusal to comply with the order is punishable as a criminal offense.[3][4] After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation.[5][6][7]

Intuitively, it makes sense the police would not be able to search someone's home for guns without a judge's permission. It would be hard to say that there was a compelling emergency just from going through things that someone had said or things that had been said about them.

I didn't see a federal supreme court case that ruled on red flag laws specifically, but it sounded like there were some state supreme court rulings that found them unconstitutional. So it is at least contentious whether they meet the strict scrutiny standard or not.

[–] winkerjadams@lemmy.dbzer0.com 15 points 1 day ago

When I was living with my parents my dad pushed my brother and told him to "get the fuck out". My brother called the cops on him and the cops came and took my dad away that day. He got let out but IIRC a couple days later he had to surrender his firearms later until everything was settled.