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February 20, 2019, 09:38 AM | #1 |
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Colorado "Red Flag" bill is very bad
At this point both houses of the State Legislature and the Governor of Colorado are under the control of the Dems,and they have an aggressive agenda.
Guns are on the agenda. I just searched for updates on this bill and did not find much. I think it has passed House and Senate and is awating Governor Signature,but I can't back that up.I'm not sure. I think it will become law. It provides the means for any anonymous person to make the case to a judge that you present the undefined criteria of "significant risk" to yourself or others. Realize a vengeful ex,a political conversation over Thanksgiving,or,consider a person with ill intent wants to disarm a person before an attack..On just that anonymous testimony to a judge,without due process,without investigation,without warning,police will arrive at your home to sieze all of your guns,and your carry permit. Your carry permit is voided, you must re-apply. Here is source: http://leg.colorado.gov/bills/hb19-1177 OK. My question: Likely,once someone is busted and its the right test case,this law will be challenged. The battle will cost money. Does it make sense to pre-emptively build a war chest of money for the fight? Like a "Legal Defense fund" or Go-Fund Me ? For a Colorado state law battle I'd like to know which organization can put up the best legal fight specific to this bill in Colorado. I'll send $ but I want to be sure they go to the target. Thoughts? |
February 20, 2019, 09:59 AM | #2 | ||
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February 20, 2019, 01:20 PM | #3 | |
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These laws are drafted by people who at best don't understand how courts work, and at worst don't care how courts work.
Ohio has these too. The petitioner isn't anonymous, but the initial hearing on the petition is ex parte, meaning that the respondent is not present. The problem comes in the form of the burden of proof. Quote:
The fear in some parts of the judiciary is that a criminal gang will file for a protective order against a target so the target, perhaps a witness in a criminal case, is defenseless during his assassination. The form order approved by the Oh Sup Ct contains language that deprives the non-present respondent of his 2d Am. rights, so even if the petition isn't gun related, a judge has to specifically alter the form for each case so as to not deprive those rights.
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February 20, 2019, 03:49 PM | #4 |
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And, of course, when the police arrive to confiscate your guns due to an anonymous complaint from a person with a vendetta they will take your pristine collectors items out of your safe, toss them in a pile like cordwood, toss them in the trunk of a car and then maybe even engrave them with an inventory number (Chicago used to do this). When you get them back their value will be destroyed.
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February 20, 2019, 04:11 PM | #5 |
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It sometimes is the case that the state organizations are very effective. That is the case in Texas.
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February 21, 2019, 09:35 AM | #6 | |||||
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I think a review of the first 2 paragraphs of the actual bill is in order..Not sure where you got the anonymous part and a 'argument over thanksgiving'...'might' be a little more involved than that.
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http://leg.colorado.gov/bills/hb19-1177 Look, as a resident of CO and a CCWP holder and gun enthusiast, do I think this, as written, will see some legal bumps and pushback. But starting a go-fund program 'just in case the black shirts come calling', 'might' be a little 'sky is falling' response. We'll see but this is being driven by Quote:
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February 21, 2019, 11:06 AM | #7 | |
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https://en.wikipedia.org/wiki/Taraso..._of_California We need to get better at identifying mental illness without compromising presumption of innocence or due process. |
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February 21, 2019, 02:11 PM | #8 | |
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February 21, 2019, 10:08 PM | #9 | ||
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The issuance of that initial temporary ERPO means your guns are being seized immediately. You will receive no warning. I would expect the LEO's stuck with this job will use surprise and overwhelming force for their own safety I would. Yur concealed permit is seized and voided. After 14 days,you may plead your case for the return of the guns,burden of proof on you.If that is denied,after 364 days you can try again. True,maybe just wearing a MAGA hat might not convince the judge,but if you are naïve enough to think unfounded accusations cannot and will not be fabricated to abuse gun owners,I suggest you review what happened in the United States Senate during the Justice Kavanaugh hearings. USN ret93: Wearing a MAGA hat certainly can inspire people to harm you .There are plenty of people who believe everyone shoud be disarmed. They are common in Boulder. Wasn't one of Kavannagh's accusers from Boulder? She recanted her story? All they have to do is make up a story the Judge gives the benefit of the doubt. Quote:
I have not lost a Son.My Brother's Son was shot in the back of the head,executed,then burned by a couple of urban maggot thugs. But Grief and Anger write damned poor law. I have not said anything bad about Lawmaker Sullivan. I don't want his law. Last edited by HiBC; February 21, 2019 at 10:35 PM. |
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February 22, 2019, 12:33 AM | #10 |
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While I understand the desire to remove weapons from dangerous people, isn't the automatic voiding of your CCW permit a vindictive punishment, taking place before any judgement or presentation of evidence on your behalf??
Suspending the permit, pending investigation I could understand, but automatically voiding it? If you plead and win your case, do you still have to sue to "be made whole"? Do you sue the state? Or the person who filed the complaint? Both? If the police, for their own safety, are going to use overwhelming force, and swat raid tactics, on unsuspecting people, I see a huge potential for people getting shot and killed. I fear this would create the very risk the law intends to prevent. I would point out the recent case where a fellow was "pranked" by an internet enemy, sending swat to his house, who wound up killing him... There is a significant history of innocent people being accidently killed in these kinds of raids. I don't see any law increasing this kind of thing as a good thing.
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February 22, 2019, 12:49 AM | #11 |
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A couple things that bug me about these non criminal provisions empowering police in general. ..
#1 what if you aren't home? Do they kick in the door and cut your safes open to search for guns? Who pays for the damages? #2 what if you are home, you comply and allow them into the house, and then you excercise your right to decline questioning - is that a crime all the sudden? #3 then just generally - if the police are given authority to force entry, to use force in order to carry out these acts, it is potentially putting everyone involved in danger over what doesn't even amount to a criminal investigation. Even putting aside the situation of police busting down the door at night trying to surprise a gun owner, what if you own a protective dog? Lots of bad things happen when you go breaking into someone's home, even if it's a level headed model citizen. Last edited by riffraff; February 22, 2019 at 12:55 AM. |
February 22, 2019, 01:08 AM | #12 | |
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No matter what "tripwires" or "safeguards" are built in the Red Flag law is designed to do one thing and one thing only - stop law abiding gun owners from being gun owners. Period. Any 'safeguards" they put in can and will be removed later on by "technical correction" legislation if they maintain the majority. Do you have total registration and UBCs yet? You will. We are fighting this same thing down here in what was the safest firearms law state in the Union. These laws, from my non lawyer standpoint, seem to violate the 2nd, 4th, 5th 8th and 14th Amendments all at once.
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Next will come the attempt to Red Flag cops, prosecutors and judges - don't think these scumbags won't use every trick they can get - this is a giant toy bag handed over. Then will the law be changed to exempt LE and officers of the court, to lay bare the hypocrisy? Red Dawn, er, "Flag" laws are the straw that breaks the camels back. I am aware that i sound paranoid, but having dealt with the worst of the worst for years, there is no tol they will not sue, and they will figure out a way to use this one to disarm good people, as well as crooked politicians who will use it for the very same thing. "It is not what a law is meant to do, but what it may be twisted to do." |
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February 22, 2019, 08:31 AM | #13 | |||
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BUT, for the people above..this WILL become a law in Colorado..and if you feel YUGELY threatened, then make preparations, both legally and financially. For ME, this has no effect on me..and I'll wait until it sees the light of day. Kavanaugh and Boulder..forehead slap.
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February 22, 2019, 09:21 AM | #14 | ||
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Where the basis of a restraining order is that the respondent is an armed and immediate threat, there is no hysteria in foreseeing POs enforcing these orders as if the respondents are armed threats.
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February 22, 2019, 09:48 AM | #15 | |||
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The bill summary states: Quote:
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February 22, 2019, 09:53 AM | #16 | ||
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This thing hasn't even come up for a vote. https://www.denverpost.com/2019/02/2...ill-testimony/
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February 22, 2019, 10:00 AM | #17 |
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I've lived just north of Boulder for over 50 years. It is the epicenter for a certain politic in Colorado.
Your scoffing and ridicule of my reference to the Kavanagh hearings is classic Sol Alynski. I recognize it. I give it no power.It just tells me who I'm dealing with. I'd like for you to stop with the dismissive comments like "The sky is falling" Plenty of folks watched that unfortunate circus with their own eyes. They can make up their own minds. In the news today is the guy who allegedly wrote a check to pay two men to represent themselves as "MAGA",beat him,put a noose around his neck,etc. People do fabricate "I'm a victim" scenarios to serve their own agendas. If it can appear in the US Senate to disrupt a SCOTUS nomination,it can happen to you via this bill. Angry divorces,HOA squabbles,or,as mentioned above,criminals who want to render a residence a gun-free zone are examples of people who will have the power to target and disarm an innocent gun owner. This bill is being sold as a "mental health bill" .That is a lie. There is not a word about mental health in the bill. Its a gun confiscation bill. I just listened to a County Sheriff and a State Legislator confirm its the bad bill I say it is |
February 22, 2019, 10:03 AM | #18 | |||
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February 22, 2019, 10:04 AM | #19 | |
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Whether the text has come up for a vote doesn't bear on whether it provides notice prior to seizure or sufficiently protects a respondent's rights.
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February 22, 2019, 10:10 AM | #20 | ||
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February 22, 2019, 10:11 AM | #21 | |
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February 22, 2019, 10:25 AM | #22 | |||||||||
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OBTW-the sky...oh never mind.....
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February 22, 2019, 10:36 AM | #23 |
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We already have the M-1 mental health 72 hour hold. That can be called for by the same "victims" During the 72 hour hold,existing law already covers disarming people after a professional evaluation determines they are a danger.That more resembles the due process all citizens deserve.
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February 22, 2019, 10:38 AM | #24 | |
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February 22, 2019, 10:41 AM | #25 | ||
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