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Other State Colorado Judge Denies Confiscation Request Under Red Flag Law

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This part of the article made me cringe:

Rory Coyne, who bought his first gun over the weekend, had a different view.

“Well if a person is not right in the head they shouldn’t have a gun — if they re sick in the head,” he said.
And apparently he doesn't realize how crazy, mean, vindictive, and untruthful some people can be about whether a person they are insanely furious with is "sick in the head."
 
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My thoughts exactly. I'm guessing it was a "he said she said" situation and she wasn't credible, but that puts a magnifying glass on the problem with Red Flag laws. Anyone willing to commit perjury, which is many people and it rarely comes with any negative consequences, can do terrible harm.
Very hard to prove perjury in these instances.
 

bbbass

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IIRC, they were dating, not living together?

IF guy has alcohol problems (I've never known MJ to make people violent), and they are dating, vs living together, she can just stay the F away from him... problem solved. Get a damn restraining order if he starts coming around (yeah, I know), charge him with stalking if it gets too bad, but leave his friggin guns alone unless he has a proven record of violence such as domestic assault!!!
 
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Several have already shared what I typed out, but decided not to post, yesterday. If anything, the denial is a joke, a banner they will carry around saying, “see - not everyone get approved” - let’s not forget there has already been 1 man, at least, killed from this type of law after his niece called a red flag order on him and the police who went to take his guns ended up shooting and killing him. No crime had been committed up till that point, and then he was dead.
 
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IIRC, they were dating, not living together?

IF guy has alcohol problems (I've never known MJ to make people violent), and they are dating, vs living together, she can just stay the F away from him... problem solved. Get a damn restraining order if he starts coming around (yeah, I know), charge him with stalking if it gets too bad, but leave his friggin guns alone unless he has a proven record of violence such as domestic assault!!!
A restraining order requires judicial review and a legal action. Isn't that grounds for having your guns confiscated in Oregon?
 
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I'm having trouble sorting it out with the usual google searches but it appears that a restraining order doesn't necessarily result in confiscation. However, what I'm reading about Oregons' red flag law, it appears it's a simple step to have a judge sign off on confiscation if there is a suspicion that the person may perform a violent act.
 

bbbass

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I'm having trouble sorting it out with the usual google searches but it appears that a restraining order doesn't necessarily result in confiscation. However, what I'm reading about Oregons' red flag law, it appears it's a simple step to have a judge sign off on confiscation if there is a suspicion that the person may perform a violent act.
In that case... I lost all my guns in a tragic boating accident!
 

bbbass

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Yes, I cannot find the specifics either. But I read the AG statement and is does seem that the form is pretty simple.

Perhaps we are confusing this with the new DV law wording that says even boyfriends accused of DV cannot legally possess firearms? And IIRC they wanted to add restraining orders to that.
 

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