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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(3/8/2019)
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"Critics of the bill, also known as an Extreme Risk Protection Order (ERPO), have said it is unconstitutional."
And it is. The due process burden for removing rights and property requires an adversarial hearing, not an ex parte hearing. The respondent must be given the opportunity to face accusers, cross-examine witnesses, and present witnesses and evidence in his own behalf, with a subsequent ruling that establishes probable cause for a search and seizure warrant. To constitutionally suspend a subject's rights, an actual crime (or criminal/violent mental history) must have occurred to begin that process, not a POTENTIAL crime.
No executive, legislature or court has the power to circumvent that constitutional guarantee. |
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| QUOTES
TO REMEMBER |
| For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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