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  1. #21
    I'm the OPie of this thread Irving's Avatar
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    Quote Originally Posted by buffalobo View Post
    This is a bit over the top for me but fuk that. Being put through that and having no recourse, absolutely insane and intolerable.

    Take a moment to consider yourself in that circumstance.

    Our justice system is already a wreck, this turns it completely upside down.
    I guess my point is that I just don't see these laws going away, or being nerfed under any other circumstances.

  2. #22
    Ammocurious Rucker61's Avatar
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    Quote Originally Posted by OxArt View Post
    The standards require (much as a TPRO) that everything in the ex-parte complaint be assumed true - without any notice or response from an opposing party - even if it sounds ridiculous and the judge himself doesn't personally believe it.
    How can any judge deny any ERPO position under these standards?
    Te occidere possunt sed te edere non possunt nefas est

    Sane person with a better sight picture

  3. #23
    Billy Jack Style Crotch Kicker buffalobo's Avatar
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    Quote Originally Posted by Irving View Post
    I guess my point is that I just don't see these laws going away, or being nerfed under any other circumstances.
    You are probably right about them not going away but the opposition should still be strike down as unconstitutional not "oh well, guess there is nothing we can do."

    Legit judges have the duty to strike down uncostitutional legislation/laws not ignore it or twist constitution to fit.

    The uncostitutuonality of this is obvious and the judge who signed ERPO in this case needs to be hounded off the bench cause he obviously is not going to do the honorable thing and perform Sepukku on court house steps.
    If you're unarmed, you are a victim


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  4. #24

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    Justin Smith, LCSO Sheriff, penned the following on his facebook page:
    On Colorado’s Red Flag Law:

    It turns out that a Larimer County has become ground zero for Colorado’s Extreme Risk Protection Order (aka Red Flag) Law within days of its implementation. Within the first week of 2020, we have witnessed two cases in Larimer that demonstrate the two opposite extreme scenarios under this law. I find both of these incidents as classic examples of how this law both be used and abused.

    The first involves a criminal suspect, David Galton, incarcerated in our jail facing very serious allegations of making credible threats to carry out a mass shooting. Despite our best efforts, the mental health system has failed to intervene with this individual and last week he went before the court in an effort to have his bond reduced in hopes that he would be released from custody pending trial. Given that Gatton is not a convicted felon and has no other prohibiting factors - if released, he could have walked into any gun store and passed a background check to purchase a firearm. At my direction, an LCSO investigator filed an emergency ERPO
    petition against Gatton last week. That petition was approved and will soon go to a full hearing.

    While there are no firearms to be turned over, this order will flag Gatton in a background check from purchasing a firearm, should he be released pending trial. We obviously continue to oppose his release and we are frustrated by the continued failure of the state’s mental health hold process. I believed it would have been a dereliction of duty if we had not taken all available steps to reduce the possibility of Gatton getting his hands on a firearm at this time.

    On the other extreme, we’ve also witnessed another scenario that demonstrates the tremendous procedural deficiencies in the ERPO law- deficiencies I’ve spoken out about many times over the previous year. In that case, Susan Holmes filed a petition against a CSU police officer who was involved in a deadly force encounter with Ms. Holmes adult son in 2017. Evidence in that 2017 case irrefutably supported the actions of both the CSU and another Fort Collins officer. However, under Colorado’s flawed ERPO law, Ms. Holmes was able to file a petition against the CSU officer, despite the facts that Ms. Holmes has no legal standing and the petition on its face has zero merit.

    That petition was delivered to my office for service. I have not and will not be serving that petition, not because it’s against a police officer, but because it is a fraud. We are actively investigating this abuse of the system and we will determine what charges may be substantiated against the petitioner, Ms. Holmes. Because this represents an active investigation, I will not be making any additional comments on this case at this time.

    It is my hope that these two remarkably timed cases will serve to promote productive conversation on this issue. In my mind, they demonstrate a need to address dangerous and oftentimes mentally ill persons and their potential to carry out violent acts, while at the same time, exposing the tremendous potential for abuse of ill drafted, politically motivated laws, like Colorado’s Red Flag law.

  5. #25
    Machine Gunner OneGuy67's Avatar
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    The petitioner in the latter case spoken about above, Susan Holmes, actually filmed a Youtube video of herself explaining her ERPO. It clearly should be used to file perjury, if not more serious charges against her.

    https://www.youtube.com/watch?v=cGyq3fETIiM
    “Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson

    A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'

    That is Honor, and there are way too many people in this country who no longer understand it.

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