In truth, the proposal backed by Evers had a judge involved from the start, unlike in some other states. The NRA also used over-the-top language in describing a temporary seizure through a clear judicial process as 'confiscation.'
Wisconsin Legislative Council. Gun owners then have a chance to make their cases at a hearing before a judge decides on a final order. That order commonly lasts for a year.
State law already requires guns be surrendered as a result of other judicial findings, such as mental health commitments and restraining orders, according to the Legislative Council. So, under the proposal Evers backed, a judge was involved from the beginning. And, as the item noted, such laws in other states have been upheld as constitutional on both Second Amendment and due process grounds. That includes a ruling upholding the Florida law in September 2019.
Like Vos on an earlier claim, the NRA vastly overstates the way red-flag laws work, suggesting there is no judicial process at all. In truth, the proposal backed by Evers had a judge involved from the start, unlike in some other states. The NRA also used over-the-top language in describing a temporary seizure through a clear judicial process as"confiscation."
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