Yesterday, the House passed an amended Senate Bill 83 and House Bills 4145-4148, to impose a “red flag” gun confiscation scheme. They will now go to the Senate for further consideration. Please contact your state senator and ask them to OPPOSE Senate Bill 83 and House Bills 4145-4148.
Senate Bill 83 and House Bills 4145, 4146, 4147, 4148 allow the seizure of an individual’s firearms on baseless accusations, without a hearing or other opportunity for the evidence to be heard in court. They permit the government to seize firearms based on weak and nebulous standards of evidence. The House amended SB 83 to raise the standard of evidence required from “preponderance of the evidence” to “clear and convincing evidence” for ex parte orders where the respondent is not present.
A person subject to a suspension of a Constitutional right should be entitled to high evidentiary standards, an opportunity to be heard, and the right to face his or her accusers. Civil liberties advocates from across the political spectrum have expressed concerns about these “red flag” bills and how the procedure might lead to abuses because of insufficient due process protections in the bills.
Again, please contact your state senator and ask them to OPPOSE Senate Bill 83 and House Bills 4145-4148.
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