Colorado taking first steps towards complete confiscation

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Odinvalknir
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Colorado taking first steps towards complete confiscation

#1

Post by Odinvalknir » Tue May 22, 2018 4:56 pm

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.


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Re: Colorado taking first steps towards complete confiscation

#2

Post by Odinvalknir » Tue May 22, 2018 5:06 pm

Who is to say, who is a threat or not? If any police officer or from the way this bill is written anybody at all can petition the court to have your guns taken away because they feel that you are a threat somehow. Now I can understand how this could be helpful but at the same time it seems like a gross over-reach and smack in the face of second amendment rights.

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J.R.@A&M
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Re: Colorado taking first steps towards complete confiscation

#3

Post by J.R.@A&M » Tue May 22, 2018 5:33 pm

Odinvalknir wrote:Who is to say, who is a threat or not? If any police officer or from the way this bill is written anybody at all can petition the court to have your guns taken away because they feel that you are a threat somehow. Now I can understand how this could be helpful but at the same time it seems like a gross over-reach and smack in the face of second amendment rights.
Well, I guess a court of law is to say, assuming due process. Is there room for abuse or misuse? Probably yes, same as there is in, say, CPS reporting. But we still need a process for CPS reporting.
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Re: Colorado taking first steps towards complete confiscation

#4

Post by Odinvalknir » Tue May 22, 2018 5:53 pm

It's the abuse I'm talking about. Yes for sure there are people who absolutely shouldn't have access to firearms. Unfortunately unless those people are deemed mentally defective or otherwise charged with a crime that removes that right, this law is in direct opposition of the 2A. If enough legislators voted for this law, I can almost bet there are plenty of left leaning judges who will happily stomp on the constitution and take away the rights of someone who isn't a danger to anyone.


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Re: Colorado taking first steps towards complete confiscation

#5

Post by ninjabread » Tue May 22, 2018 6:07 pm

Maybe we'll get lucky and Generalissimo Acevedo will get a job there.
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Re: Colorado taking first steps towards complete confiscation

#6

Post by Allons » Tue May 22, 2018 6:18 pm

ninjabread wrote:Maybe we'll get lucky and Generalissimo Acevedo will get a job there.
:lol:: :thumbs2:
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Re: Colorado taking first steps towards complete confiscation

#7

Post by philip964 » Tue May 22, 2018 6:57 pm

I lived in Colorado in the early ‘70’s. It was a lot like Texas, only with Marijuana.

Lots of hunters.

It’s probably been Kalifornized since I left.

Could happen here.

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Re: Colorado taking first steps towards complete confiscation

#8

Post by mojo84 » Tue May 22, 2018 7:12 pm

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?

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Re: Colorado taking first steps towards complete confiscation

#9

Post by J.R.@A&M » Tue May 22, 2018 7:48 pm

Odinvalknir wrote:It's the abuse I'm talking about. Yes for sure there are people who absolutely shouldn't have access to firearms. Unfortunately unless those people are deemed mentally defective or otherwise charged with a crime that removes that right, this law is in direct opposition of the 2A. If enough legislators voted for this law, I can almost bet there are plenty of left leaning judges who will happily stomp on the constitution and take away the rights of someone who isn't a danger to anyone.
If this law works the way it reads, the petitioner has to prove that cranky ol’ Me is a danger to myself or others. Ok, if my lawyer goes to bat for me, and the petitioners say their piece, and the judge decides... how is the process necessarily in opposition to the 2nd Amendment (or the 14th)? I would want my gun rights lobbiests to make sure that the process is fair. But I think we should have a process. If I had a suicidal or scary crazy relative, I would want a process. If I was the neighbor of said person, I would want a process.
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Re: Colorado taking first steps towards complete confiscation

#10

Post by apostate » Tue May 22, 2018 8:20 pm

Taking guns away from Mark Anthony Conditt would have accomplished what exactly?

Taking guns away from Shawn Grate would have accomplished what exactly?

Taking guns away from Timothy McVeigh would have accomplished what exactly?

Taking guns away from Ted Bundy would have accomplished what exactly? (Actually, didn't he have a felony record before committing most of the murders?)

The list goes on and on.

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Re: Colorado taking first steps towards complete confiscation

#11

Post by J.R.@A&M » Tue May 22, 2018 8:30 pm

apostate wrote:Taking guns away from Mark Anthony Conditt would have accomplished what exactly?

Taking guns away from Shawn Grate would have accomplished what exactly?

Taking guns away from Timothy McVeigh would have accomplished what exactly?

Taking guns away from Ted Bundy would have accomplished what exactly? (Actually, didn't he have a felony record before committing most of the murders?)

The list goes on and on.
Taking guns away from the Parkland shooter might have been useful. The travesty was that the police and the FBI and everybody in between knew it. Gabby Giffords’ attacker was the same. That list goes on a bit, too.
“[T]he liberties of the American people [are] dependent upon the ballot-box, the jury-box, and the cartridge-box; that without these no class of people could live and flourish in this country.” Life and Times of Frederick Douglass

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Re: Colorado taking first steps towards complete confiscation

#12

Post by mojo84 » Tue May 22, 2018 8:37 pm

apostate wrote:Taking guns away from Mark Anthony Conditt would have accomplished what exactly?

Taking guns away from Shawn Grate would have accomplished what exactly?

Taking guns away from Timothy McVeigh would have accomplished what exactly?

Taking guns away from Ted Bundy would have accomplished what exactly? (Actually, didn't he have a felony record before committing most of the murders?)

The list goes on and on.
It's ridiculous to bring up completely unrelated issues. No one is saying this is going to end all mass murders. Try to stay on topic. It may lend some credibility to your argument.

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Re: Colorado taking first steps towards complete confiscation

#13

Post by ELB » Tue May 22, 2018 8:41 pm

Seems to me that if a person” qualifies” to have his firearms taken away because he is mentally unstable and/or danger to others, then it Should be the person that is confiscated, not the firearms.
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Re: Colorado taking first steps towards complete confiscation

#14

Post by crazy2medic » Tue May 22, 2018 8:44 pm

I believe they really have no desire to stop the mass shootings, their goal is to get gun confiscation! You cannot subjugate an armed populace!
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Re: Colorado taking first steps towards complete confiscation

#15

Post by apostate » Tue May 22, 2018 8:46 pm

ELB wrote:Seems to me that if a person” qualifies” to have his firearms taken away because he is mentally unstable and/or danger to others, then it Should be the person that is confiscated, not the firearms.
And yet some people seem fine with crazy people killing with explosives or by other means, just as long as they don't use a gun. :roll:

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