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The
Below Comments Relate to this Newslink:
Colorado Inmate Red Flags Sheriff
Submitted by:
David Williamson
Website: http://libertyparkpress.com
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There
is 1 comment
on this story
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An inmate in a Weld County, Colo., prison filed a “red-flag” petition in February against the sheriff in charge of the facility, Steve Reams. The inmate claimed the deputies working at the prison were intimidating the inmates in their “residence” by carrying shotguns. A judge immediately dismissed the inmate’s petition, but the flagged sheriff, who has been an outspoken opponent of the new law, said the incident further proves how problematic it is.
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Comment by:
PHORTO
(4/7/2020)
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The standards are reversed from what they should be.
"Clear and convincing" should be the benchmark for issuing the writ, and "preponerance" should be the burden for tossing it out.
Judges must always defer to the right, and strictly apply BoR limitations. |
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QUOTES
TO REMEMBER |
"Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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