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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 |
You are bound to meet misfortune if you are unarmed because, among other reasons, people despise you....There is simply no comparison between a man who is armed and one who is not. It is unreasonable to expect that an armed man should obey one who is unarmed, or that an unarmed man should remain safe and secure when his servants are armed. In the latter case, there will be suspicion on the one hand and contempt on the other, making cooperation impossible. — Niccolo Machiavelli in "The Prince." |
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