Theoretically, this could help a few people. In reality, it will likely be abused and used to hurt people a lot more often.mojo84 wrote:Odinvalknir wrote:https://leg.colorado.gov/bills/hb18-1436
The bill creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in her or her custody or control or by possessing, purchasing, or receiving a firearm. The petitioner must submit an affidavit signed under oath and penalty of perjury that sets forth facts to support the issuance of a temporary ERPO and a reasonable basis for believing they exist. The court must hold a temporary ERPO hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed.
I am not arguing or debating this issue one way or another. However, I would like to hear what you think should be done so we can proactively separate those that are mentally ill or unstable from their guns.
Here's an example. You are sitting out on the back porch visiting with a neighbor or your brother in law and he starts talking about how he has people trying to kill him. He is sure his wife has tried to poison him in his sleep because she has been having an affair with a made man from the mafia. He continues on to the point he even starts pointing about windows across the way and asking if you see the people watching them from the windows. He is so sure he is a target he even hired a couple of friends to work as his bodyguards. He is sitting there discussing all of this with a gun on his belt like it's real and when you mention you don't see anyone surveillaning the two of you, he gets defensive and start accusing you of being a plant that is trying to get to him. This fella has several guns he owns and has never shown these delusional schizophrenic tendencies before. He also has never been adjudicated mentally ill.
What do you do to help him get help and to ensure he doesn't kill anyone including his wife he thinks is trying to kill him and his baby that he has decided is from the affair with the mobster? What about when he tells you had have to defend his 2nd Amendment Rights should you try to separate him from his guns? Are we to wait until after he kills someone or shoots some place up thinking he is shielding mobsters?
This may or may not be a hypothetical situation. What remedies do citizens have in order to act fast enough before something really bad happens?
You are referring to specific situations and ignoring lots of others. In your case, the person you are referring to should be able to argue their side in court before any action is taken. Due Process is something that should happen prior to the court restricting someone's rights. Yes, some people might harm others or themselves before Due Process occurs. You are talking about using the Govt Power against someone which should not be allowed to happen easily. It isn't worth the perceived benefit. IMO, it should be considered in the same way we consider criminal convictions. Meaning we would rather see 10 criminals go free rather than convict one innocent man.