LETTER TO THE EDITOR: Biden gun violence bill should be contested

I am going to guess most of the people have at best only read the news articles on the Beau Biden Gun Violence Prevention Act. Some only heard this bill was passed. And nearly everyone saying they support this legislation have very little understanding how legal terms and concepts are applied in courts and state board hearings.

Many may not know when a similar piece of legislation was shelved because of the wording and the dangers of violating the rights of law-abiding citizens.. Most readers have little to any court experience and if they do, they relied on an attorney to represent them who cost them upwards of $700 an hour unless they were qualified under another legal term/ concept “In forma pauperis” to have a public legal aide assist them in a criminal or civil matter. And nearly everyone does not fully appreciate or understand how the differences of a criminal and civil case.

Do you know if your driver’s license is revoked, it can be based on a criminal case but the appeal process to have the driver’s license reinstated is a civil matter? When you’re represented by a legal aid service (community legal aid or public defender), there is no guarantee that attorney assigned to your case will be providing the best or even a bare minimum of service in the best interests of their client.

For proof of that, you can contact Kenneth Abraham with Citizens for Criminal Justice who has written several op-eds, and worked with a retired federal judge tirelessly to resolve the problems of a faulty justice system that sentenced people excessive prison time not just in Delaware but over the U.S. , who are now either in the process of receiving commutations or have already had their sentences commutated, because they had an attorney who didn’t represent their client in their clients’ best interests, as they are required by the cannons of professional responsibility and probably should be chastised by the Office of Disciplinary Counsel with the ABA.

Some of the legal concepts include “in the snake pit,” “shock the conscience,” “state-created danger “probable cause,” “intent,” “the average/ordinary person” and “deprivation of rights”

All these are legal concepts (terms) that are applied in the courts as well as in state board hearings — just as guilty beyond a shadow reasonable doubt, and guilt by a preponderance of evidence.

This Beau Biden Gun Violence Prevention Act Delaware lawmakers voted unanimously in favor of, if you support it, can you answer the following questions in the legal sense?

Do you fully appreciate and understand the terms I mentioned?

Have you actually read this legislation?

Have you cross referenced the Delaware Code titles and sections that will be amended or understand the legal concepts of the wording in new sections that will be added by this legislation?

Do you fully appreciate your rights being protected under the HIPAA privacy rules?

Which concept of guilt is applied in the cases where no crime is committed?

Do you understand the difference in those concepts of guilt?

And finally do you understand how a citizen’s rights of innocence may be impacted in this legislation? How the two concepts of guilt are applied when a determination is being made to reinstate rights to an individual who “owns, possesses, or controls firearms” and do you understand the legal concept of “controls firearms” and how this impacts a person even residing in a home where another family member “controls firearms”?

This will not only impact the mentally ill. This will also impact individuals who have a child who has been diagnosed with a mental illness to be able to purchase or even own firearms even if they are not kept at the residence where the person with mental illness resides. And the two concepts of guilt are very different in the determination process to reinstate a person’s rights to even be around firearms.

Earl Lofland
Clayton

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