I don't agree with this bill but let me put this scenario and see if we can come up with a better solution. I try to look at this from the other (HPD and the AG's) point of view.
(The example below is purely hypothetical.)
1. Someone overhears or sees a social media post on Facebook about an impending crime, terrorist attack or murder.
2. The police receives a tip off.
3. At this point, what can HPD or the AG do? What should they be able to do?
Put yourself in their shoes and imagine you were LEO and this was your job. What would be an acceptable course of action that LEO be allowed to take?
In my mind, it should be.... nothing? There's that thing called bill of rights and innocent until proven guilty.
I'm not trying to convince anyone that this is wrong... Just wondering what is an acceptable course of action for LEO to take to stop something imminent.
When I have discussed this issue with other gun rights advocates and how to go about revoking rights of people who really should not have guns. The answer was always to go through courts. Well this is a step in that direction, having a hearing and a judge make a decision instead of a police officer or administrative official. Police do currently have a system for taking individuals with dangerous mental health issues in for assessment and that could be a basis for deciding on when and how to take away firearms.
Here is a system I might come up with an alternative, feel free to add requirements you would like to see. I do realize that there is never going to be a foolproof system however that is not a good reason to do nothing.
-A threat may be imminent so I do think that there needs to be a means to immediately secure a dangerous individual's firearms. However a hearing needs to be scheduled much sooner, say within 5 days (or 48 hours like charging time limits).
-If the state cannot prepare enough evidence then the firearms will be returned with the option of refiling later if more evidence comes to light.
-If the case is pending a mental health assessment then the hearing time limit can be extended because realistically it can sometimes take a while to do a proper diagnosis.
-If it is a mental health issue then a mental health expert must testify as to the danger of the individual.
-A "terrorist watch list" listing in and of itself is not enough to deny someone their firearms. The state must petition the federal government for the evidence that put the person on the list and use it in the decision.
-The state must provide a public defender for the individual
-If an individuals rights are taken away with just cause then the individual has the right to petition the court for another hearing to reconsider. This is to allow for the fact that people may recover from a mental condition or they may have their name cleared from a criminal list.
But you are totally right about the problem. A police department has a very difficult task. Get it wrong one way and you take away rights unjustly, get it wrong the other way and dozens could die. If you err on the side of protecting individual rights and the individual in question goes on a shooting spree now the weight rests on you for all those deaths. Maybe you didn't do anything wrong but the world will still play monday morning quarter back and slander you or even sue you.