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» The Ornery American Forum » General Comments » 'Pause for Safety Act' - firearms restraining order

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Author Topic: 'Pause for Safety Act' - firearms restraining order
LetterRip
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New proposal,

quote:
The new legislation – The Pause for Safety Act – will include the following provisions:

• One, it would help ensure that families and others can go to court and seek a gun violence prevention order to temporarily stop someone close to them who poses a danger to themselves or others from purchasing a firearm.
• Two, it would help ensure that families and others can also seek a gun violence prevention warrant that would allow law enforcement to take temporary possession of firearms that have already been purchased if a court determines that the individual poses a threat to themselves or others.
• Three, it would help ensure that law enforcement makes full use of all existing gun registries when assessing a tip, warning or request from a concerned family member or other close associate.

http://www.thetruthaboutguns.com/2014/06/foghorn/breaking-dianne-feinstein-introduces-federal-bill-confiscate-guns/

If it were implemented do you think it would provide any benefit?

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MattP
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Interesting. It sounds like a pretty natural extension of a restraining order. Stay away form this person and, just in case, turn over your gun.

I'm not sure I've thought through the unintended consequences, but provided there's sufficient due process I might go along with it.

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LetterRip
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Something I wasn't aware of, is that while it is illegal for certain mentally ill individuals to purchase firearms, they can only have firearms they already possessed taken away if they are institutionalized.
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AI Wessex
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quote:
If it were implemented do you think it would provide any benefit?
Alas, no. Those who can buy good legal representation will frustrate that system. We need measurable guidelines and strong gun safety and control legislation backed up with real enforcement. Crazies who go on killing sprees too often acquired their weapons through legal means. We need to have better ways to stop gun violence before it occurs, not while it's happening or by pointing fingers afterward.

[ June 06, 2014, 08:13 PM: Message edited by: AI Wessex ]

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LetterRip
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AI,

quote:
Crazies who go on killing sprees too often acquired their weapons through legal means. We need to have better ways to stop gun violence before it occurs, not while it's happening or by pointing fingers afterward.
The goal of this legislation is to take guns that were legally acquired by the crazy away from the crazy before they go on the killing spree.
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AI Wessex
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Like I said, that will be very hard. There are better ways.
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Seneca
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It will be especially hard if this violates due process in any way. Right now a similar law here in my state came dangerously close when they tried almost the same thing but didn't even require notification of the person in question or a chance for them to fight it. In today's Divorce Commerce world, wives who are separating from their husbands are often advised by their counsel to seek protection orders because it will look good for their case.

Before you are able to deprive someone else of their rights there needs to be a high standard of proof and it can't just be purely testimony and personal opinion.

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