I rarely post comments on this forum due to getting in trouble with the Moderators but as a strong advocate of the rights of people with mental illness this is a grievous infringement on their rights guarantee by the Bill of Rights.
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The measure, SB 719A, will allow police, or a member of a subject’s family or household, to file a petition with the court which could lead to an order prohibiting firearms possession if it is believed they pose an imminent risk to themselves or others..".
Backers argue it could help address the number of suicides in the state, with the bill’s author, Sen. Brian Boquist, R-Dallas, crafting it after the loss of his stepson in 2016..."
This is a attempt to blame the tool not the cause. Firearms is only a tool that used to accomplish the act. It further stigmatizes having firearms in the home because it might
cause someone to commit suicide.
The measure, now headed to Gov. Kate Brown, would establish a process for obtaining an extreme risk protection order issued by a judge in a civil court that would prohibit the subject of such an order from possessing or purchasing firearms or ammunition..." .
An adjudication hearing in Court is required by Federal law to be barred form owning firearms. It requires professional testimony of Psychiatrists, medical examination of the defendant, evidence such as medical records, examination and cross-examination of witnesses and, most importantly, the right of the defendant to be presented with the evidence before them and have enough time to prepare a defense.
"It would grant law enforcement enforcing such orders the power to search for and seize guns that were not surrendered."
4th Amendment? What 4th Amendment? We don't need no stinking 4th Amendment!
Exactly how is this to be accomplished?
Does the Civil Court Judge issue a search warrant? (Can a Civil Court Judge even issue search warrants?)
Or is this a automatic procedure written into the law when the Judge issues the protection order?
Will Officers have the full force of law behind them including kicking in doors, going through all of belongings in the house, moving furniture, dumping personal items on the floor, taking beds apart, breaking open locked cabinets and safes, etc.? If the homeowner resists then are they allowed to use deadly force against him/her and any other occupants?
If this bill passes it will be another significant victory in the anti-2A to ban ownership of firearms without a criminal conviction or adjudication process.