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Old January 6, 2020, 09:16 AM   #8
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 14,148
Quote:
Originally Posted by USNRet93
Not sure of other places but it DOES go before a judge in CO, not just local law enforcement..More 'due process' than domestic abuse, IMHO.
Quote:
The law allows family members or law enforcement to ask a judge to temporarily remove guns from the possession of someone deemed an extreme risk to themselves or others. If a judge agrees, law enforcement officers are tasked with the removal of those weapons leaving agencies across Colorado to figure out the best approach.
The problem is that most of these red flag laws (I haven't read the Colorado law, but I assume it's like the one in my state) make this initial hearing to issue the order ex parte. If you don't know what that means, it means that only one side appears before the judge -- the side making the complaint. The accused doesn't even know about the request or the hearing, so there is no opportunity to face his (or her) accuser, no opportunity to cross-examine, no opportunity to present a defense. And on the basis of this one-sided ex parte kangaroo court, an order can be issed to deprive the accused of his or her property. THEN the accused has an opportunity to attend a hearing at which he or she faces the uphill battle of having to show why his or her property should be returned.

Remember -- the right to keep and bear arms is [supposedly] guaranteed by the Constitution. So we have a situation with these laws under which people can be stripped of their Constitutional RKBA on the basis of an ex parte hearing, which they don't attend and probably don't even know about.

THAT's why these laws are an affront to due process.
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