Tumblin Tumbleweed
Gold Member
- Mar 16, 2015
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No expert testimony needed just a "preponderance of evidence"As more gun legislation is passed......more & more law enforcement are refusing to uphold it. Colorado wasn't the first state to have to deal with this.
The law that you ultra rightwingers are talking about is the Red Flag law. Let me attempt to dumb it down to you.
If a person is thought to be a danger to him/herself or others and has guns, a family member or a law enforcement can take it in front of a Judge to determine if that person should have those guns in their possession of not. The Judge cannot arbitrarily make a decision at that point. The Person in question has to be afforded the option of a Mental Health test by a Mental Health Professional to determine if a danger does, in fact exist. If none exists then the weapons stay. IF it does exist, the Judge can order the guns to be temporarily removed until the condition passes which will have another court date and mental health exam. Now the tricky part. The Guns can be voluntarily turned over to either the Authorities or even a Family Member or a friend and satisfy the court order.
In Delta County, in the Western Slop of Colorado, the New Sheriff was elected. One of his (about his only one) campaign promises was that he would not enforce that law if passed. He was elected. Now it's passed. He finds out that the State Police will enforce it, the AG will enforce it, the Governor will enforce it and any Sheriff that doesn't will end up with some Jail time fast, have a felony and a Felon cannot serve as a Sheriff. Guess what, he now says he will adhere to the law. You know, exactly what his oath of office says he should.
If you have trouble with this law, chances are, you are either misinformed or wouldn't pass the mental exam and have to temporarily surrender your firearms. Hopefully, there is at least one sane person in your family that could care for your firearms.
That is not an acceptable standard
ARe you saying that a licensed Shrinks testimony isn't an expert in the requirement?
Yes. There is no mention of the testimony of a mental health professional being required
Extreme Risk Protection Orders | Colorado General Assembly
The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in her or her custody or control or by possessing, purchasing, or receiving a firearm.
If a family or household member or a law enforcement officer establishes by clear and convincing evidence that a person poses a significant risk to self or others by having a firearm in his or her custody or control or by possessing, purchasing, or receiving a firearm, the court may issue a continuing ERPO. The ERPO would prohibit the respondent from possessing, controlling, purchasing, or receiving a firearm for 182 days.
This sets a terrible precedent of due process to me. I believe this 'see something, say something' tactic will be taken advantage of by both private citizens and law enforcement. If one individual loses a civil liberty because due process is jeopardized because of the 'order', then it is not due process and is thus a failure. Shall not be infringed seems a pretty simple concept.