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With this mischief going on all over the place, the due process issue MUST reach the SCOTUS, and SOON.
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Posted by: TEEBONE

03/08/2019, 11:07:45

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CO: Counties Declare Second Amendment Sanctuary Status As Legislature Debates Red Flag Bill
Submitted by:mark@keepandbeararms.com">Mark A. Taff
Website:http://www.marktaff.com


A growing number of Colorado counties have declared themselves as Second Amendment sanctuaries in response to a so-called red flag bill making its way through the state Legislature. Custer, Fremont, Montezuma, Otero and Weld counties have said they would not enforce the legislation should it become law.


Comment by:PHORTO(3/8/2019)
"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.



LIBERTY HAS NO EXPIRATION DATE

Democrats wouldn't buy a clue if it was government subsidized.





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