ACLU speaks out against ERPO legislation

A place for sharing news stories related to armed citizens, law enforcement & 2A/CCW topics.

Please note that when linking to an article you must cite the source URL and provide no more than a brief preview of the article to ensure fair-use standards are met.

NO DOCUMENT DUMPING.

Posts in violation of these rules are subject to immediate deletion without warning.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
User avatar
Bruenor
Posts: 7306
Joined: Mon Jul 24, 2006 3:03 pm
Location: Geneva, OH

ACLU speaks out against ERPO legislation

Post by Bruenor »

While they don't care about the second, it looks like they've taken exception to the rest of the individuals rights being violated by ERPO.

http://www.riaclu.org/news/post/aclu-of ... egislation" onclick="window.open(this.href);return false;
While recognizing the bill’s laudable goal, the ACLU’s analysis expressed concern about “the breadth of this legislation, its impact on civil liberties, and the precedent it sets for the use of coercive measures against individuals not because they are alleged to have committed any crime, but because somebody believes they might, someday, commit one.”
The heart of the legislation’s ERPO process requires speculation – on the part of both the petitioner and judges – about an individual’s risk of possible violence. But, the ACLU analysis notes: “Psychiatry and the medical sciences have not succeeded in this realm, and there is no basis for believing courts will do any better. The result will likely be a significant impact on the rights of many innocent individuals in the hope of preventing a tragedy.”

The ACLU’s analysis concludes:

“People who are not alleged to have committed a crime should not be subject to severe deprivations of liberty interests, and deprivations for lengthy periods of time, in the absence of a clear, compelling and immediate showing of need. As well-intentioned as this legislation is, its breadth and its lenient standards for both applying for and granting an ERPO are cause for great concern.
“Gun violence is a deeply serious problem deserving of a legislative response, but not, Minority Report-like, at the expense of basic due process for individuals whose crimes are speculative, not real. The precedent it creates could reverberate in unexpected and distressing ways in years to come.”
http://riaclu.org/images/uploads/180302 ... lation.pdf" onclick="window.open(this.href);return false;
Μολὼν λαβέ

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

- Thomas Paine

"Malo periculosam, libertatem quam quietam servitutem."

- Thomas Jefferson
User avatar
TSiWRX
OFCC Patron Member
OFCC Patron Member
Posts: 6676
Joined: Fri Jan 28, 2011 8:33 pm
Location: Cleveland/Shaker Heights

Re: ACLU speaks out against ERPO legislation

Post by TSiWRX »

Bruenor wrote:While they don't care about the second....
And I really think this is why their opinions for issues such as this is even more worth listening to.

Remember the Obama-era attempt to revoke 2A and 4A rights from individuals based merely on the fact that they received assistance in managing their finances (disability payments from Social Security)?

The ACLU stood against that, too: https://www.aclu.org/sites/default/file ... _final.pdf" onclick="window.open(this.href);return false;

When I first learned about ERPOs, my knee-jerk reaction was that it was a good idea.

But when I took a step back and considered what it really meant and also saw the ACLU's stance (I think they were voicing their concerns about ERPOs as far back as March, maybe even further back, in the wake of the February Parkland mass-shooting), it really doesn't take any leap of logic to realize the tremendous flaws in this system.

I loved - and still love - the dystopia genre in books and film.

That said, I am really afraid that I'm going to find myself living in one, soon.
Allen - Shaker Heights, Ohio
Post Reply