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Idaho Greg Pruett (ISAA) again regarding Red Flag Laws

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A major problem with red flag laws, is that the standard of proof -- at least in WA -- is a preponderance of the evidence (not clear and convincing). A "preponderance" might sound impressive, but is really just any confidence level over a coin flip on whether the decision is correct. A coin flip represents a random event, a preponderance is just a hair better, so if the judge is 50.000001% confident that your guns should be confiscated, and 49.999999% unsure if it is the right thing to do, you lose your guns.


(2) Upon hearing the matter, if the court finds by a preponderance of the evidence that the respondent poses a significant danger of causing personal injury to self or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm, the court shall issue an extreme risk protection order for a period of one year.
 
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I’m not near my pc with the scanner this weekend but I wrote our Idaho legislature and received “maybe” a canned reply letter - I’ll scan it and post it Monday -
 

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