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Please amend HB 674
I do not think it is possible for the so-called Red Flag bills to ever fulfill the “Due Process” guarantees in our Constitution. Whatever the motives of Red Flag proponents, the present version of HB 674 falls very short on-court recognized and mandated due process guarantees.
The legislation closely resembles a Red Flag bill which the Rhode Island ACLU opposed in Rhode Island because of the bill’s blatant violations of constitutional guarantees.
With all the “change” happening in our Commonwealth and across the country in response to the Corona Virus threat, this is not a time to introduce even more uncertainty.
Removing guns from citizens as HB 674 facilitates during this period of increased stress is imprudent and would further undermine trust between citizens and our elected officials.
A Maryland citizen has been killed by police executing an unannounced Emergency Risk Protection Order (ERPO) in the past year and a half. Gary Willis’s life was taken, not saved, by ERPO orders.
I strongly urge you to add these amendments to HB 674:
1) Require that clear and convincing evidence be evaluated by the regular rules of court-admissible evidence which has been corroborated, instead of “the judge shall consider any relevant evidence including any recent act of violence, force, or threat …”
2) Add a civil remedy for the person subject to the ERPO (or relatives or guardian) if the ERPO order is reversed by a Court.
3) Add Court-appointed counsel for indigent ERPO persons, and a provision for recovery of attorney’s fees if an ERPO is reversed by a court after the initial hearing or firearm removal.
4) Prohibit early morning and unannounced raids.
5) Follow current civil commitment procedures after the initial emergency removal of firearms.
6) Allow the accused the right to cross-examine any person who gives a testimony or makes a complaint to the Commonwealth Attorney or the police leading to an ERPO.
7) Require those who allege imminent harm to provide such information based on an oath or affirmation of truth with a penalty for perjury.
8) Any firearms removed should not become the property of a government jurisdiction or of police. Rather, the arms should be kept secure by third parties for eventual return to the gun owner or his guardians.
Gun Owners of America will keep me informed. Thank you.
As it is, HB 674 will endanger even more Virginians during this crisis
I do not think it is possible for the so-called Red Flag bills to ever fulfill the “Due Process” guarantees in our Constitution. Whatever the motives of Red Flag proponents, the present version of HB 674 falls very short on-court recognized and mandated due process guarantees.
The legislation closely resembles a Red Flag bill which the Rhode Island ACLU opposed in Rhode Island because of the bill’s blatant violations of constitutional guarantees.
With all the “change” happening in our Commonwealth and across the country in response to the Corona Virus threat, this is not a time to introduce even more uncertainty.
Removing guns from citizens as HB 674 facilitates during this period of increased stress is imprudent and would further undermine trust between citizens and our elected officials.
A Maryland citizen has been killed by police executing an unannounced Emergency Risk Protection Order (ERPO) in the past year and a half. Gary Willis’s life was taken, not saved, by ERPO orders.
I strongly urge you to add these amendments to HB 674:
1) Require that clear and convincing evidence be evaluated by the regular rules of court-admissible evidence which has been corroborated, instead of “the judge shall consider any relevant evidence including any recent act of violence, force, or threat …”
2) Add a civil remedy for the person subject to the ERPO (or relatives or guardian) if the ERPO order is reversed by a Court.
3) Add Court-appointed counsel for indigent ERPO persons, and a provision for recovery of attorney’s fees if an ERPO is reversed by a court after the initial hearing or firearm removal.
4) Prohibit early morning and unannounced raids.
5) Follow current civil commitment procedures after the initial emergency removal of firearms.
6) Allow the accused the right to cross-examine any person who gives a testimony or makes a complaint to the Commonwealth Attorney or the police leading to an ERPO.
7) Require those who allege imminent harm to provide such information based on an oath or affirmation of truth with a penalty for perjury.
8) Any firearms removed should not become the property of a government jurisdiction or of police. Rather, the arms should be kept secure by third parties for eventual return to the gun owner or his guardians.
Gun Owners of America will keep me informed. Thank you.
You can never be to careful in protecting the rights of Virginians
I do not think it is possible for the so-called Red Flag bills to ever fulfill the “Due Process” guarantees in our Constitution. Whatever the motives of Red Flag proponents, the present version of HB 674 falls very short on-court recognized and mandated due process guarantees.
The legislation closely resembles a Red Flag bill which the Rhode Island ACLU opposed in Rhode Island because of the bill’s blatant violations of constitutional guarantees.
With all the “change” happening in our Commonwealth and across the country in response to the Corona Virus threat, this is not a time to introduce even more uncertainty.
Removing guns from citizens as HB 674 facilitates during this period of increased stress is imprudent and would further undermine trust between citizens and our elected officials.
A Maryland citizen has been killed by police executing an unannounced Emergency Risk Protection Order (ERPO) in the past year and a half. Gary Willis’s life was taken, not saved, by ERPO orders.
I strongly urge you to add these amendments to HB 674:
1) Require that clear and convincing evidence be evaluated by the regular rules of court-admissible evidence which has been corroborated, instead of “the judge shall consider any relevant evidence including any recent act of violence, force, or threat …”
2) Add a civil remedy for the person subject to the ERPO (or relatives or guardian) if the ERPO order is reversed by a Court.
3) Add Court-appointed counsel for indigent ERPO persons, and a provision for recovery of attorney’s fees if an ERPO is reversed by a court after the initial hearing or firearm removal.
4) Prohibit early morning and unannounced raids.
5) Follow current civil commitment procedures after the initial emergency removal of firearms.
6) Allow the accused the right to cross-examine any person who gives a testimony or makes a complaint to the Commonwealth Attorney or the police leading to an ERPO.
7) Require those who allege imminent harm to provide such information based on an oath or affirmation of truth with a penalty for perjury.
8) Any firearms removed should not become the property of a government jurisdiction or of police. Rather, the arms should be kept secure by third parties for eventual return to the gun owner or his guardians.
Gun Owners of America will keep me informed. Thank you.