(07-31-2018, 11:52 PM)Sneakers Wrote:

(07-31-2018, 04:49 PM)NYC4jags Wrote: All a person has to do is avoid being in a situation wherein a member of law enforcement, and subsequently a court of law are convinced you are a danger to yourself or others.  Is that too much to ask of a person owning firearms?  Of anyone?

In certain situations, yes, that is too much to ask, even of a person who doesn't own firearms.  Any angry/jilted/jealous ex-wife/girlfriend can walk into a police station or court, sign an affidavit claiming that you physically abused and/or threatened her and obtain a temporary, ex parte, restraining order.  Sadly, this all to often occurs in attempts to gain leverage in divorce and custody battles.  

Under this new law, the respondent shall then bear the burden of essentially proving by "...clear and convincing evidence..." that the allegation is false, before the court will vacate the order.  In a he said/she said scenario, there is often no way to definitively prove or disprove such claims and the courts tend to err on the side of caution, so...………...

You are skipping over the prior check and balance that occurs before this "respondent burden." 

For the subject to initially be required to forfeit their weapon, a law enforcement officer must deem them unworthy, then petition the court to allow the forfeiture.  

If a police officer deemed me a danger to myself or others and then a court of law agreed that his/her assessment was accurate, then I probably don't need to have a gun. Checked and balanced. 

Seems really simple to me.  Unless, of course, you think the police and the judicial system are simply out to take your guns. Which, in turn, seems really paranoid to me. 

Now if we are strictly arguing the concept of a person being falsely accused of violence by a domestic partner, and that leading to a weapon seizure... that stuff was already in place before this new bill/law and I have little sympathy for folks unable to manage themselves well enough to stay clear of that crap in the first place.

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