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The
Below Comments Relate to this Newslink:
‘Red Flag’ Gun Law Should Include Minors, Washington State Prosecutors Say
Submitted by:
jac
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There
is 1 comment
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Prosecutors in Washington are demanding that minors be covered by the state's “red flag” law, which allows for guns to be seized with a court order, according to a report.
State law is silent on whether a judge can issue an Extreme Risk Protection Order, or ERPO, in the case of a minor....
She said the case involves an 18-year-old charged with a crime whose father owns guns but who refuses to tell cops where they are still being kept in the home.
“We would file the ERPO against the juvenile because the father has access to firearms in the home, and the father is not being cooperative with law enforcement to confirm that the firearms are out of the home,” Wyatt said.
Submitters note: Predictable. |
| Comment by:
PHORTO
(11/26/2018)
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"Police and family can apply for the order to seize the guns of persons deemed a threat to themselves or others, even if no crime was committed."
That facially violates the 5th Amendment, which states that "No person . . . shall be denied life, liberty, or property, without due process of law;"
Due process means an adversarial hearing wherein the respondent can face accusers, cross examine witnesses and present evidence on one's behalf.
No due process, no suspension of rights or taking of property.
Period. |
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| QUOTES
TO REMEMBER |
| To trust arms in the hands of the people at large has, in Europe, been believed...to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless...If the government be equitable; if it be reasonable in its exactions; if proper attention be paid to the education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defence of themselves and their country. — Timothy Dwight, Travels in New England and New York [London 1823] |
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