The most notable difference between Colorado’s proposed law and what other states have implemented: The measure mandates that a lawyer be provided to the gun owner at the first hearing on whether a seizure order should be extended. The sponsors also want to provide the gun owner a longer period to be able to petition the court to re-examine their case, as other states have done.
Garnett and Sullivan hope that those two elements serve as ample due process protections — a major concern for Republican lawmakers pushing back against the red flag concept. A false or malicious effort to have someone’s guns seized, under the bill, would be subject to criminal prosecution.
The descriptions in the linked article make the process sound a good bit more reasonable, and I sincerely hope it is. Past experience observing the difference between legislative intent and judicial action does not encourage. The bold text bits are elements that sorely needed to be included to mitigate abuse.
This bit is bothersome:
Also, if a person whose guns have been seized wants to ask the court to reconsider once a long-term protection order is issued, they must show proof that they are no longer a significant risk. In 2018, the burden of proof for every hearing was on whomever was petitioning for the guns to be temporarily taken away.
Proving a negative has always been regarded as impossible. How small a risk is considered significant? How do you assign an objective value to it?
First rule of writing legislation: If a law can be abused, it most certainly will be abused. Maybe sooner, maybe later, but with the certainty of the sun rising in the East.
The last time the Donks used their trifecta superpowers against gun owners here resulted in 2 recalls and a forced resignation to avoid a rollover of control in the Senate. Threats of a rerun have already been issued.
Here's another less than charitable look at the bill from the Independence Institute.
Here's another less than charitable look at the bill from the Independence Institute.
Update: Added second article link.
No comments:
Post a Comment