Red Flag Law - Is there anything we can do to stop it??

[glide]

So what exactly is your statement? That we roll over and give in? You probably gave up on Trump too based on poll numbers . . .

"With friends like you, who needs enemies . . . " "All that is needed for evil to prevail is for just men to do nothing"

Cool quotes. Very original. Don’t get upset with my legitimate response to your question.

I’ll give you a real answer about what you can do in the future if you would find that helpful, but my guess is you will not like it.

And yes; for now you have to roll over and take it. Sorry.

 

[Boston4567]

I've said this before in another thread, at this point the bill is going to pass and I think we should be trying to fix the worst aspects of it. Namely:

1. The standard of proof in the legislation is currently "preponderance of the evidence" (generally, 51% or more). We should push for it to be "clear and convincing evidence" (generally thought to be roughly 70-75% certainty). This is the way the Florida law is written, and I think the new Vermont one too. A "preponderance" standard will basically always be upheld because the burden is so low as to be meaningless, but a clear and convincing standard might give someone innocent a fighting chance at getting the order overturned on appeal.
2. Only police officers and DAs should be able to apply for an order. A complaintant would have to go to the police and have them file it. This is how Florida's law is set up, and the 1999 Connecticut law as well. Actually, I think CT requires at least two police officers to file.

 

[Varmint]

Now they’ll be just one step closer to saying that they deem all gun ownership a “threat” and there you have it, game over.

Not game over, it’s game on.

 

[Sawicki1991]

what does it matter? They can suspend you're LTC as it is for no reason as it is. (Suitability) All it takes is for someone to walk into the PD and say person xyz is suicidal and the PD will revoke it. In this state due process doesn't apply to firearms.

 

[Boston4567]

what does it matter? They can suspend you're LTC as it is for no reason as it is. (Suitability) All it takes is for someone to walk into the PD and say person xyz is suicidal and the PD will revoke it. In this state due process doesn't apply to firearms.

I would say that generally speaking, police are more pro-2A than most of the marsupial MA judiciary. If you made ERPOs run through them, I think they'd be more hesitant to bring an unwarranted order to a judge than a judge would be to approve an unwarranted order.

Also, honestly, I'd anticipate some shitbird-type people applying for these orders. If someone applies for an ERPO and it runs through the PD, and the petitioner is "known to police" or has a record while the target gun owner is a longstanding law abiding citizen, I think they may have a level of skepticism that a judge would not.

It never hurts to add more layers/friction/due process.