House Bill 12 by Rep. Joy Garratt (D-ABQ) allows law enforcement officers to bypass the need for a “reporting party” and go straight to filing a petition for an extreme risk protective order based on information collected by the officers — allowing them to be the sole source and mechanism by which an order is issued. [More]
And there’s another that makes owning attachments a felony.
Obey or be destroyed.
As unconstitutional and lacking-due-process these “Red Flag” laws are, the purpose behind a “reporting party” is that someone’s name be attached to the initial complaint — someone whose testimony, credibility, and authority can be challenged in court, under a defendant’s right to face his/her accuser.
If police can file for a “Red Flag” order based solely on “information collected by officers”, then they can seize firearms and deny rights based on an “anonymous tip” or “confidential informant”.
How does a defendant challenge an “anonymous tip” in court?
And what’s to stop an officer calling in their own?