Initiative 1491 is flawed

Of the two types of actions proposed for the “extreme risk protection order” the second action, “Ex Parte extreme risk order is a real threat to our second amendment right and the right to a fair trial (innocent until proven guilty).

While the first type of hearing is held in Superior Court with representation of the accused, the second type hearing is held (by lower courts) “without notice to the other side” (no representation) with only a promise of a later Superior Court hearing.

A firearms confiscation warrant could be issued without representation and thousands of dollars worth of property could be seized and held for 1-2 years. Again, only a promise of property return “only if” law enforcement agrees. This initiative is more about firearms/confiscation than help for the “respondent” and family. It does not address the petition priority in the court schedule, for example, forcing the need to use the “Ex Parte” actions that violate the citizens rights to a fair treatment/representation under our existing laws.

Media ads are not forthright in the details of this initiative and misleading. My thanks to the secretary of state for the voters pamphlet that exposed this poorly crafted initiative. It should be defeated with a no vote by the citizens of the state.

This story was originally published November 4, 2016 at 1:17 PM with the headline "Initiative 1491 is flawed."