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EPO provides due process, he gets a hearing within 10 days or less iirc, just like a lot of other court actions, eg domestic violence protective orders. I don't know this guy but he is an idiot for posting what he did when he did. No sympathy here. Being a gun owner carries with it a higher responsibility to behave safely, not scare people, and not make the rest of us look like loons or some 30 year old dweeb living in his mother's basement.
Folks, I've had it with these kinds of idiots. If he wants pics holding an assault rifle and playing badass he can go enlist in the real army, if he has the b---- to do it. If he did he damn sure knows it's nothing to joke about.
Rant over.
Numerous issues:
1) Due process? You realize that a preponderance standard (example: RCW 7.94.040: Hearings on petition—Grounds for order issuance. ) most often used in these, is barely better than a coin flip? Should constitutional rights be abridged on a test that is only slightly better than chance? If you got charged with stealing a Snickers bar, the State would have to prove BEYOND A REASONABLE doubt you did it. To have your 2A rights abridged? A feather's weight of evidence over a decision based on PURE CHANCE will suffice. Judge could sit there and flip a coin (*). I don't think people really get how bogus that standard is:
2) 1A. We don't have a Bill of Rights to protect what everyone agrees with or which conforms to whatever it is people deem "normal" -- the Bill of Rights is there to prevent a tyranny of the majority, to protect minority opinions and rights. Whether he was a doufus for posting a picture or not is absolutely 100% beside the point, because if the 1A doesn't apply for something even slightly stupid (or try this: unpopular) -- it doesn't apply at all and America aint' what it's marketed as.
(*) EDIT: forgot to add, when judges are elected or appointed to less-than-life terms, and the standard requires just a smidge of weight over chance, let's be honest about this: people aren't computers -- 50/50 is as good as a preponderance in human perception and secondly, there is literally zero downside for the judge to take your guns and enormous downside if they let that 1 in a million who is dangerous, keep the guns. With odds like that, nobody will ever win these. Ever.
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