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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 |
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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