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Old 02-28-2018, 04:01 PM
 
Location: New Jersey
16,911 posts, read 10,591,580 times
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A bill in NJ will allow anyone to go to a judge, without informing you, and tell the judge you are unstable and the judge will issue an order allowing the police to come take your guns away. No psychiatrist testimony is required. What do you think?
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Old 02-28-2018, 04:09 PM
 
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Don't know specifics on Jersey's bill. But if it is modeled on the one that WA adopted there's more to it than that to ensure due process.

Family member, household member, or law enforcement official files petition. Court holds a hearing to determine validity, accused is notified of the hearing unless stricter ex parte grounds are warranted. If evidence of threat to themselves or others a one year extreme risk protection order is put in place. Must be renewed annually and can be appealed at any point in the year. There is also a stiff penalty for making a false petition.

http://app.leg.wa.gov/rcw/default.aspx?cite=7.94
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Old 02-28-2018, 04:29 PM
 
12,270 posts, read 11,329,966 times
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Quote:
Originally Posted by MJJersey View Post
A bill in NJ will allow anyone to go to a judge, without informing you, and tell the judge you are unstable and the judge will issue an order allowing the police to come take your guns away. No psychiatrist testimony is required. What do you think?
I suspect NJ will soon have a lot of gun owners being considered "unstable".

I'm not a gun owner and get a little queasy with some of the arguments from both sides. Emotions are running hot right now on both sides...everyone needs to step back. But they won't, because Democrats think they have an issue they can run with through 2018 and the gun lobby is going to punch back just as hard.
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Old 02-28-2018, 04:30 PM
 
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If NJ goes through with it, I hope that their own government is "unstable" after the massive backlash.
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Old 02-28-2018, 04:32 PM
 
33,387 posts, read 34,841,834 times
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Quote:
Originally Posted by MJJersey View Post
A bill in NJ will allow anyone to go to a judge, without informing you, and tell the judge you are unstable and the judge will issue an order allowing the police to come take your guns away. No psychiatrist testimony is required. What do you think?
if that is all there is to the law, then it is unconstitutional as it bypasses proper due process.
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Old 02-28-2018, 04:34 PM
 
9,329 posts, read 4,142,059 times
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It would help if you would have quoted the language in the bill.


I was just listening to someone being interviewed who said that it's next to impossible to actually come to someone's house to remove the guns, even if clearly warranted. I'm not sure that psychiatry should necessarily enter into it.
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Old 02-28-2018, 04:35 PM
 
Location: New Jersey
16,911 posts, read 10,591,580 times
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Originally Posted by rbohm View Post
if that is all there is to the law, then it is unconstitutional as it bypasses proper due process.
Maybe. But the SC has not taken up any gun regulation short of an outright ban. So there isn’t much anyone will be able to do about it.
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Old 02-28-2018, 04:37 PM
 
17,306 posts, read 12,251,233 times
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Looks sensible to me. Like WA's it's a temporary order that has due process provisions.
http://www.njleg.state.nj.us/2018/Bi...00/1217_I1.PDF
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Old 02-28-2018, 04:40 PM
 
33,387 posts, read 34,841,834 times
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Originally Posted by MJJersey View Post
Maybe. But the SC has not taken up any gun regulation short of an outright ban. So there isn’t much anyone will be able to do about it.
actually they have many times over the decades. but in this instance it wouldnt necessarily be about gun rights, but rather due process rights. and if the law you are talking about doesnt allow the defender to face their accuser in court, then it not only violate the second amendment, but the fourth and fifth amendments as well as the sixth amendment.
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Old 02-28-2018, 04:42 PM
 
21,382 posts, read 7,945,609 times
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Quote:
Originally Posted by MJJersey View Post
A bill in NJ will allow anyone to go to a judge, without informing you, and tell the judge you are unstable and the judge will issue an order allowing the police to come take your guns away. No psychiatrist testimony is required. What do you think?
Does it include cops? Pretty easy way to disarm the police.
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