Post by adr on Oct 7, 2019 8:19:12 GMT -7
The Colorado ERPO (Extreme Risk Protection Order) also known as "Red Flag Law" becomes law on Jan 1 2020. This hastily prepared and flawed "gun safety" legislation was pushed through the Democrat controlled State House with not ONE Republican vote in favor of it. There are numerous constitutional problems with this law-- here are some highlights or I should say low lights because once again Colorado gun owners are getting hosed.
"Civil Search Warrants"- -most troubling! --an obvious violation of the 4th Amendment protection from unreasonable searches and seizures.
A clear absence of due process of law is a violation of the 5th 6th and 16th amendments
A person who has well-nigh any “relationship” with you will be able to file an ERPO Complaint against you, by phone, and remain anonymous. ERPO filers never have to appear in person, and no counter-evidence can be considered!
Thus, based only on anonymous, hearsay “evidence,” an ERPO Order can be issued against you, without your knowledge. An ERPO Order is issued solely because someone you may not know well, nor know at all, “feels” that you’re “crazy,” absent any real evidence, and absent any credible investigation.
The first you’re aware of it is when police show up and you door, demanding all your guns, holding a “civil warrant”.
They are all seized and taken away, and and there is no guarantee that your legally-owned property will be cared-for properly.
Your name instantly goes on a no-NICS List, which means you cannot purchase any guns from that point forward.
All this, without you having been so much as accused, much less convicted, of any crime!
A hearing is scheduled sometime AFTER you’ve been disenfranchised and reduced to second-class-citizen status.
This will be your first opportunity to speak and present evidence on your own behalf, after hiring a lawyer at YOUR own expense.
During this so-called “hearing,” the ERPO filer need not even be present, and can remain anonymous, so you get no opportunity to confront, nor cross-examine, them.
When and if the judge dismisses the ERPO, your rights are supposedly restored and your guns returned, but only when it’s convenient for the PD to return them to you, or you may be required to go to a remote location to pick them up, and only if NICS approves.
Orwells "1984" is alive and well in CO! Hopefully the higher courts will strike this abomination down.
"Civil Search Warrants"- -most troubling! --an obvious violation of the 4th Amendment protection from unreasonable searches and seizures.
A clear absence of due process of law is a violation of the 5th 6th and 16th amendments
A person who has well-nigh any “relationship” with you will be able to file an ERPO Complaint against you, by phone, and remain anonymous. ERPO filers never have to appear in person, and no counter-evidence can be considered!
Thus, based only on anonymous, hearsay “evidence,” an ERPO Order can be issued against you, without your knowledge. An ERPO Order is issued solely because someone you may not know well, nor know at all, “feels” that you’re “crazy,” absent any real evidence, and absent any credible investigation.
The first you’re aware of it is when police show up and you door, demanding all your guns, holding a “civil warrant”.
They are all seized and taken away, and and there is no guarantee that your legally-owned property will be cared-for properly.
Your name instantly goes on a no-NICS List, which means you cannot purchase any guns from that point forward.
All this, without you having been so much as accused, much less convicted, of any crime!
A hearing is scheduled sometime AFTER you’ve been disenfranchised and reduced to second-class-citizen status.
This will be your first opportunity to speak and present evidence on your own behalf, after hiring a lawyer at YOUR own expense.
During this so-called “hearing,” the ERPO filer need not even be present, and can remain anonymous, so you get no opportunity to confront, nor cross-examine, them.
When and if the judge dismisses the ERPO, your rights are supposedly restored and your guns returned, but only when it’s convenient for the PD to return them to you, or you may be required to go to a remote location to pick them up, and only if NICS approves.
Orwells "1984" is alive and well in CO! Hopefully the higher courts will strike this abomination down.