ALL 50 STATES GUN WARNING: Judge Makes Red Flags LEGAL (Ignoring Supreme Court!)

Ajouté : 2026-05-11

[00:00:00]On March 24th, 2026, US District Judge Brendan Herson issued a decision in Willie V.'s Brown that shocked gun rights groups. Maryland's red flag law is constitutional under the Fourth Amendment, and firearms can be confiscated based on reasonable suspicion without criminal charges. By the end of this video, you will know all the implications. So, let's get into it.

[00:00:21]The case involved a man whose weapons were seized after an argument with local zoning officials. Despite partnering with Second Amendment Foundation to challenge the law, Judge Herson ruled temporary confiscation without due process doesn't violate constitutional rights. March 2026 became critical judicial month as circuit courts of appeals applied brewin historical tradition test to state gun laws.

[00:00:41]Redefining what measures survive constitutional scrutiny. Subscribe because red flag laws are expanding to more states in 2026. And understanding how Willie ves Brown upheld Maryland's version means knowing whether your firearms can be confiscated based on someone else's complaint. March 2026 was busiest month for Second Amendment litigation since brewin 2022. Red flag laws, extreme risk protection orders, RPOS's faced Fourth Amendment challenges with Willie V. Brown most significant.

[00:01:08]Simultaneously, third, fifth, sixth, ninth circuits issued major decisions applying Bruins historical tradition test. Judge Herson's decision represents judicial approval of gun confiscation based on reasonable suspicion rather than criminal conviction. Let me break down what happened in Willie verse Brown. How Maryland's red flag law works, Judge Herson's Fourth Amendment reasoning, why SAF's arguments failed, what circuit courts decided applying brewin, and what gun owners need to know. Number one, what happened in Willie vers Brown dispute. Willie, Maryland resident and gun owner argued with local zoning officials over property use. He did, but no threats, no brandishing, no criminal conduct.

[00:01:46]Someone involved, likely zoning officials or witness, filed hero petition claiming Willie posed danger.

[00:01:53]Exparte order. Maryland's red flag law allows judges to issue temporary arpos without Willie present or notified.

[00:01:59]Judge reviewed petition found reasonable grounds to believe. Willie posed risk.

[00:02:03]Issued exparte order authorizing immediate firearm confiscation. Willie had no opportunity to contest before guns seized. Confiscation. Law enforcement showed up. Presented exparte airpo seized all firearms. Willie given notice of hearing seven to 10 days later to contest but guns already gone. Full hearing. Willie presented evidence.

[00:02:22]cross-examined witnesses. Judge upheld Erpo, finding by preponderance of evidence 50% civil standard lower than criminal beyond reasonable doubt that Willie posed danger. Order remained one year during which Willie couldn't possess firearms. Lawsuit. Willie partnered with SAF to file federal lawsuit challenging Maryland's red flag law as unconstitutional under second amendment, right to keep and bear arms, and fourth amendment protection against unreasonable searches and seizures. Seaf argued law allows confiscation without due process without criminal charges based on uncorroborated accusations.

[00:02:55]Judge Herson's decision March 24th 2026 rejected all Willy's arguments upheld Maryland's red flag law as constitutional major setback for gun rights groups challenging red flag laws nationwide. Number two, how Maryland's red flag law works. Who can file? Law enforcement, family, household members, health professionals, certain others.

[00:03:13]includes people in disputes like zoning officials in Willy's case. Exparte temporary orders. Judges issue temporary RPOS without notice based solely on petitioners written statements. Standard reasonable grounds to believe. Person poses danger. No criminal charges. No hearing. Gun owner not present.

[00:03:30]Immediate confiscation. Once RPO issued, law enforcement serves order and confiscates all firearms ammunition.

[00:03:36]Must surrender immediately. Refusal is criminal. 90 days jail, $1,000 fine.

[00:03:42]Full hearing within seven to 10 days.

[00:03:44]Full hearing where gun owner can appear.

[00:03:46]Present evidence. Cross-examine petitioner. Petitioner must prove by preponderance 50%. Gun owner poses danger. Duration if apphelled if judge upholds herpo order remains up to one year. Cannot possess, purchase or receive firearms. Violation is felony. 5 years prison. Renewal before expiration.

[00:04:06]Petitioner can request renewal for additional year. Can repeat indefinitely. return. Ifo expires without renewal or successfully contested, firearms must be returned.

[00:04:17]Requires affirmative action to reclaim, not automatically returned. Number three, Judge Herson's Fourth Amendment analysis. Fourth Amendment framework prohibits unreasonable searches and seizures. Gun confiscation is seizure.

[00:04:30]Question: reasonable judge applied balancing test. Government interest in preventing harm versus individuals property interests. Government interest.

[00:04:39]Maryland's interest in preventing gun violence and suicide is compelling. Red flag laws intervene before someone commits violence. Temporary confiscation based on reasonable suspicion narrowly tailored. Reasonable suspicion standard.

[00:04:51]Reasonable grounds to believe. Standard for exparte arpose constitutional. Lower than probable cause typically required.

[00:04:59]But temporary nature and quick full hearing provide sufficient safeguards.

[00:05:03]Due process at full hearing. Gun owner receives full hearing within 7 10 days.

[00:05:07]Where can contest present evidence cross-examine? Satisfies procedural due process. Temporary deprivation pending hearing. Permissible given compelling interest. Second Amendment. Red flag laws don't violate right to keep and bear arms because temporary individualized determinations based on dangerousness, not categorical bans. If truly dangerous, Second Amendment doesn't protect possession. Historical tradition under Bruin. Historical analoges for disarming dangerous individuals dating to founding reconstruction eras. Colonial shity laws and going armed laws allowed magistrates to require bonds or disarm individuals who threatened public peace. Sufficient historical tradition under Bruin. Number four, why SAF's arguments failed. Second Amendment red flag laws allow confiscation without criminal conviction, denying rights to law-abiding citizens based on accusations. Judge rejected. Second Amendment doesn't protect dangerous individuals. Hero process determines dangerousness through individualized hearing. Fourth Amendment exparte confiscation without notice hearing violates unreasonable seizure prohibition. Judge rejected temporary exparte orders permissible given compelling government interest and quick full hearing. Due process preponderance 50% too low for depriving second amendment rights.

[00:06:23]Criminal standard beyond reasonable doubt should apply.

[00:06:27]Judge rejected. RPOS are civil preventive measures not criminal punishment. So civil standard appropriate. Brewin historical tradition. No founding reconstruction analoges for red flag laws. Modern ARPOS are 21st century invention. Judge rejected. Colonial shy laws and going armed laws provide sufficient historical analoges showing tradition of disarming dangerous individuals before violence.

[00:06:50]Vagueness. Danger to self or others. Too vague. Allowing subjective determinations. Judge rejected. Maryland statute provides specific factors judges must consider. Individualized hearings prevent arbitrary application. Why SAF lost? Judge applied differential review weighted toward government interest in preventing violence. Found procedural safeguards full hearing 7 to 10 days preponderance standard limited duration sufficient for constitutional requirements. Number five, circuit court decisions March 2026 applying brewin test. Third Circuit New Jersey carry restrictions upheld NJ prohibition on carrying in sensitive places including public transportation, hospitals, bars, entertainment venues. Found historical tradition of restricting carry in crowded public places and locations where alcohol consumed. Fifth Circuit, Texas permitless carry struck down TX requirement that outofstate residents must have permits while TX residents carry without permits. No historical tradition for treating state residents or non-residents differently regarding fundamental rights. Sixth circuit Ohio magazine limit struck down oh proposed 10 round magazine limit. No founding reconstruction analoges for limiting ammunition capacity. Standard capacity magazines 1530 rounds in common use protected under Heler and Bruin. Ninth Circuit California Assault weapons ban partially upheld CA assault weapons ban for certain name models but struck down feature-based ban. pistol grips, folding stocks, some historical tradition for banning specific dangerous weapons, but none for banning firearms based on cosmetic features. Fourth Circuit, Maryland handgun licensing, upheld MD requirement that handgun purchasers, complete training, pass background check, obtain license before purchase, historical tradition of ensuring firearms users demonstrated competence and non-dangerousness. pattern circuits upholding regulations with clear historical traditions, sensitive place restrictions, licensing schemes, dangerous person disarmament while striking down modern innovations lacking precedent, feature-based bans, arbitrary capacity limits, discriminatory treatment. Number six, what gun owners need to know about red flag laws expanding. As of March 2026, 21 states plus DC have red flag laws. We're considering 2026, 2027. After Willie Viz Brown, expect more adoptions. Who can petition varies by state, but typically law enforcement, family, household members, medical professionals, sometimes co-workers, or school officials. In some states, anyone in dispute can petition. Triggers, heated arguments, social media posts about guns, divorce, custody disputes, workplace conflicts, mental health treatment, expressing gun rights views, displaying firearms publicly. Anything interpreted as dangerous can trigger.

[00:09:33]Exparte risk. Most states allow initial confiscation before notification or hearing. Judge issues temporary order based solely on petitioner statements.

[00:09:42]Guns seized before you know. Petition filed. Full hearing critical. Typically 7 to 14 days to contest herpo. Your opportunity to present evidence.

[00:09:50]Cross-examine petitioner. Prove you're not dangerous. Missing means order stands unchallenged for full duration, usually one year. Evidence to present, character witnesses, mental health evaluations, firearm safety training certificates, lack of criminal history.

[00:10:04]Evidence petitioner has ulterior motive.

[00:10:06]Get attorney immediately. If served with hero, contact firearms attorney immediately. Full hearing happens quickly. Need legal representation.

[00:10:15]Comply with confiscation. Never resist when law enforcement arrives with ARPO.

[00:10:19]Resisting is separate criminal offense.

[00:10:21]Comply. Document contested hearing.

[00:10:24]Document return. If ARPO expires or successfully contested, ensure all firearms returned and get written documentation. Bottom line. March 24th, 2026. Judge Brendan Herson upheld Maryland's red flag law in Willie verse Brown. Confiscation based on reasonable suspicion. Constitutional under fourth amendment. Willy's gun seized after argument with zoning officials. No threats, no criminal conduct. Exparte order issued without Willie present.

[00:10:49]Firearms confiscated before full hearing. Judge upheld hero for one year.

[00:10:53]Seaf challenged as unconstitutional.

[00:10:56]Arguments second amendment violated.

[00:10:58]Fourth Amendment unreasonable seizure.

[00:11:00]Due process violated. No brewin historical tradition. Vagueness. All rejected. Judge's reasoning. Government interest in preventing violence.

[00:11:08]Compelling. Reasonable suspicion.

[00:11:10]Standard constitutional for temporary orders. Full hearing within 17 10 days provides due process. Historical analoges. Shy laws. Going armed laws.

[00:11:19]Support red flag laws under Bruin. March 2026. Circuits. Third upheld NJ sensitive place carry restrictions.

[00:11:27]Fifth struck down TX discriminatory permit requirement. Sixth, struck down O magazine limit. Ninth, partially upheld CA assault weapons ban. Fourth, upheld MD handgun licensing. Pattern laws with historical tradition upheld. Modern innovations without precedent struck down. Gun owners 21 states plus DC have red flag laws. More coming. No who can petition. No triggers. Exparte confiscation before notification. Full hearing 7 to 14 days critical. Get attorney immediately. Present evidence contesting danger. Comply with confiscation contested hearing document return. Subscribe because red flag laws expanding after Willie vote brown. Your guns can be confiscated based on someone else's complaint without criminal charges. Next video reveals five things you should never do that trigger red flag petitions.