We Need To Fight Red Flag Laws Head On, Not Hide

red flag laws violate the constitution and due process.

U.S. v Mersky (1960) 361 U.S. 431 a statute that regulates without constitutional authority is a nullity even though it be published in the books, recognized by the police and lowers courts, and even though it be unchallenged for decades.

Norton v. Shelby County, 118 U.S. 425 An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

Marbury v. Madison if a law is found to be in conflict with the Constitution, then the law is invalid

in Eisner v. Macomber, 252 U.S. 189 (1920), to wit:
Congress … cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.

[Miller v. U.S., 230 F.2d 486, at 489 (1956) “The claim and exercise of a constitutional right cannot thus be converted into a crime.”

[Sherar v. Cullen, 481 F.2d 946 (1973) there can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”

Miranda v. Arizona, 384 U.S. 436 (1966) (111 pages); — Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them

Murdock v. Pennsylvania, 319 U.S. 105 (1943) “No State shall convert a liberty into a privilege, license it, and charge a fee therefore.

City of Chicago v Cullens, et al, 51 N.E. 907, 910, etc. (1906)”A license is a privilege granted by the state” and “cannot possibly exist with reference to something which is a right

Sherar v. Cullen, 481 F. 946: “There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.”

SHUTTLESWORTH V. CITY OF BIRMINGHAM, 373 U. S. 262 (1963): “If the State converts a right (liberty) into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.”

Owens v. City of Independence,445 US 622, 100 S. Ct. 1398 Maine v. Thiboutot,448 US 1, 100 S. Ct. 2502 Hafer v. Melo, 502 US 21 Officers of the Court have no immunity, when violating a constitutional right, from liability, for they are deemed to know the law.

United States v. Minker, 350 US 179, at page 187 “Because of what appears to be a lawful command on the surface, many citizens, because of their respect for what only appears to be a law, are cunningly coerced into waiving their rights, due to ignorance.” (Paraphrased)

Hurtado v. United States, 410 US 578 (1973) “It is not every act, legislative in form, that is law. Law is something more than mere will exerted as an act of power…Arbitrary power, enforcing its edicts to the injury of the party and property of its subjects is not law.

Butchers’ Union Co. v. Crescent City Co.,111 US 746 ” Our rights cannot, by acts of Congress, be bartered away, given away or taken away.

Mugler v. Kansas, 123 U.S. 623, 659-60. “Our system of government, based upon the individuality and intelligence of the Citizen, the state does not claim to control him, except as his conduct to others, leaving him the sole judge as to all that only affects himself.

TEREBESI v TORRESO, Decided: 2014) Docket No. 12-3867 Fed 2nd court of appeals; has ruled that government officials have qualified immunity against civil damages if their conduct does not violate someone’s legal or constitutional rights.

Vlandis v. Kline, 412 US 441 –The present case concerns the constitutional validity of this conclusive and unchangeable presumption.. irrefutable assumption was so arbitrary and unreasonable as to deprive due process of law, the Court stated that it had “held more than once that a statute creating a presumption which operates to deny a fair opportunity to rebut it violates due process

Brookfield Construction Co. v. Stewart, 284 F.Supp 94: “An officer who acts in violation of the Constitution ceases to represent the government.

State v. Mastrian, 171 N.W.2d 695 (1969); Butler v. State, 212 So.2d 577 (Miss 1968)
“Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid…the burden is upon the state” to justify it as authorized by statute, and as not violative of constitutional provisions.
Rost v. Municipal Court of Southern Judicial District of San Mateo (1960)
The Legislature, either by amending or otherwise, may not nullify a constitutional provision

Owen v City, 445 U. S. 662; Bothke v Terry, 713 F2d 1404 “When enforcing mere statutes , judges of all courts do not act judicially” and thus are not protected by , qualified or limited immunity,