Bravo, Dan.  You have pinpointed the fatal constitutional flaw in this well-intentioned, but very ill-advised initiative.  The legislature is the best place to hash this out.  My view is that the initiative is mostly aimed at people who are mentally unstable or mentally ill, but hits people who can be completely innocent of any criminal intent, or who do not intend to harm themselves.  That's why we already have the involuntary treatment act (ITA) - to provide a way to enable the mentally unstable, or mentally ill, to receive necessary and needed treatment so that they are prevented from harming themselves or others.  Such folks always receive legal representation, and are always evaluated by mental health professionals.  This initiative attempts to replicate the ITA's already existing process, focusing on the instrument (firearms), rather than the person who needs help.  And does it in a completely unconstitutional and arbitrary way.  I'm definitely voting against it.