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The Second Amendment Foundation (SAF) and Donald S. Willey, a 64-year-old Marine Corps veteran, recently filed a federal lawsuit against Maryland’s five-year-old “red flag” law.
The suit names Maryland Attorney General Anthony G. Brown, Dorchester County, and its officials as defendants.
Table of contents
What Sparked the Lawsuit?
For almost 20 years, Dorchester County authorities have allegedly pursued Willey for minor nuisance and zoning issues.
Two years ago, Susan E. Webb, Dorchester County Planning and Zoning Director, escalated matters. She accused Willey of running an illegal business and other infractions, all later withdrawn.
Unexpected Visit and Confiscation
Earlier this year, an inspector from Webb’s office entered Willey’s property for a compliance check. Days later, Webb allegedly visited Willey’s property unannounced. She berated him and attached Notices of Violation to his boat cover, causing damage.
Webb then filed an Extreme Risk Protective Order (ERPO) to confiscate Willey’s firearms and ammunition.
Willey vehemently denies the alleged threats that led to the filing. According to the lawsuit, Webb committed perjury, resulting in the seizure of Willey’s firearms and a forced mental health evaluation.
Violation of Constitutional Rights Under Maryland’s Red Flag Law
SAF claims that Willey’s constitutional rights were violated for nearly two weeks until his firearms were returned.
“This is the sort of nonsense we have repeatedly warned about,” said SAF founder and Executive Vice President Alan M. Gottlieb. “These so-called ‘red flag laws’ can be abused and weaponized against private citizens who have done nothing wrong. It is an outrage.”
A Question of Legality
SAF Executive Director Adam Kraut questioned the foundation of red flag laws.
“Red flag laws are based on the inherently Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred,” he said.
“Such laws authorize seizure and punishment for a crime nobody committed but which could occur at some place and time in the future. This may work in a science fiction movie, but should not be allowed in real life,” Kraut concluded.
Legal Representation
Attorneys Edward Andrew Paltzik and Serge Krimnus of the Bochner PLLC law firm in New York City are representing SAF and Willey.
As the debate over red flag laws intensifies, this lawsuit could set a legal precedent, potentially impacting future cases and legislation.
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Why not “red flag laws” to strip crazy lefties of voting rights? More damage to the nation is done at the ballot box than by guns
Red Flag Laws worsen the mental health issues they are intended to protect against, and I am opposed to them.
Why would someone who believes in the second-amendment seek mental help knowing their rights will be infringed upon? The argument that Red Flag Laws are intended to prevent violence from mentally ill individuals is an attack on our constitutional rights. The individuals who propose them care nothing about mental illness which is the true cause of violence.
These lefties are off the hook, the courts need to put a stop to these infringements on our rights. These Bolshevik’s need their come uppins.
I certainly hope that Constitutional-common sense is exercised here and Mr. Willey wins–BIG TIME.