From Oklahoma Watch, we get the 12/10/2019 article Courts Rely on Domestic Abuse Defendants’ Word for Surrendering Guns
[n.b. The article and this post are not about ERPO/Red Flag Laws, but about procedures underlying well established victim protection orders that have followed appropriate due process.]
According to the article, when judge issues a victim protection order, there is a single box to check if the defendant must surrender firearms, and a blank to specify which law enforcement agency is to receive them. The most common agency named is the county sheriff where the defendant resides. Each of the 77 Oklahoma counties has its own procedure for contacting the defendant, but in just about very case, the assigned deputies simply take the word of the defendants about whether they have any guns or ammunition, and how much.
Obviously, this falls into the category of criminals lie and break laws; that is why they are criminals.
I wonder if the situation is similar in other states?
Also, how might the Oklahoma practice influence or inform confiscations under ERPO laws?
Further discussion on the latter might be better placed in the Activism Discussion and Planning forum.
[n.b. The article and this post are not about ERPO/Red Flag Laws, but about procedures underlying well established victim protection orders that have followed appropriate due process.]
According to the article, when judge issues a victim protection order, there is a single box to check if the defendant must surrender firearms, and a blank to specify which law enforcement agency is to receive them. The most common agency named is the county sheriff where the defendant resides. Each of the 77 Oklahoma counties has its own procedure for contacting the defendant, but in just about very case, the assigned deputies simply take the word of the defendants about whether they have any guns or ammunition, and how much.
Obviously, this falls into the category of criminals lie and break laws; that is why they are criminals.
I wonder if the situation is similar in other states?
Also, how might the Oklahoma practice influence or inform confiscations under ERPO laws?
Further discussion on the latter might be better placed in the Activism Discussion and Planning forum.