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Red flag law a bit of a breakdown
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Original Message
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Sponsor: Sen. Feinstein, Dianne [D-CA]
(Introduced 02/14/2019)Committees:Senate - Judiciary
Latest Action: Senate - 02/14/2019 Read twice and referred to the Committee on the Judiciary.
To support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.
This Act may be cited as the “Extreme Risk Protection Order Act of 2019”.
SEC. 2. DEFINITIONS.
In this Act:
(1) ELIGIBLE ENTITY.—The term “eligible entity” means—
(A) a State or Indian Tribe—
(i) that enacts legislation described in section 4;
(ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements of section 4; and
(iii) that certifies to the Attorney General that the State or Indian Tribe shall—
(I) use the grant for the purposes described in section 3(b); and
(II) allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement; or
(B) a unit of local government or other public or private entity that—
(i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that the unit of local government or entity shall—
(I) use the grant for the purposes described in section 3(b); and
(II) allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement.
- This Bill is a federal grant (federal money) program to incentivize states to pass extreme risk (red flag) laws. Currently only 13 or so states have passed red flag laws and with big sum of bribe money the rest of the states will pass it too.
SEC. 3. EXTREME RISK PROTECTION GRANT PROGRAM.
(d) Incentives.—For each of fiscal years 2020 through 2024, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Bureau of Justice Assistance to a State or Indian Tribe that has enacted legislation described in section 4.
- And there it is the bribe money to squash the constitution[/blue]
SEC. 4. NATIONAL EXTREME RISK PROTECTION ORDER LAW.
(1) APPLICATION FOR EXTREME RISK PROTECTION ORDER.—A petitioner, including a law enforcement officer, may submit an application to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that—
(A) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and
(B) is signed by the applicant, under oath.
(2) NOTICE.—The individual named in an application for an extreme risk protection order as described in paragraph (1) shall be given written notice of the application and an opportunity to be heard on the matter in accordance with this section.
(3) ISSUANCE OF EXTREME RISK PROTECTION ORDERS.—
(A) HEARING.—
(i) IN GENERAL.—Upon receipt of an application described in paragraph (1), the court shall order a hearing to be held not later than 30 days after the date of such application.
(ii) DETERMINATION.—If the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself, herself, or others by having access to a firearm, the court may issue an extreme risk protection order.
(B) LENGTH OF EXTREME RISK PROTECTION ORDER.—An extreme risk protection order shall be in effect for a period not to exceed 1 year, unless renewed
-So far this follows due process of the law but NO NOT REALLY!!!! THEY CAN WITH THESE RFLAWS CAN TAKE OR BAR ANYONE FROM GUNS WITH THE ACCUSED EVER ACTUALLY COMMITTING A CRIME.[/blue]
(4) EX PARTE EXTREME RISK PROTECTION ORDERS.—
(A) IN GENERAL.—Upon receipt of an application described in paragraph (1), the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph (3)
(B) LENGTH OF EX PARTE EXTREME RISK PROTECTION ORDER.—An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause.
- An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.[/blue]
-So this section completely throws out all due process ALTOGETHER. At this point lets be honest THIS WHOLE BILL IS UNCONSTITUTIONAL FOR THE SIMPLE FACT THEY CAN TAKE OR BAR ANYONE FROM GETTING GUNS WHEN NO CRIME WAS COMMITTED[/blue]
-Also notice if the accused is issued a extreme risk order the order lasts for 1 year but if the the accused is issued an EX PARTE extreme risk protection order it only lasts for 30 days. What fucking sense does this shit make? For real![/blue]
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