Post yer ERPO stories here...

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Re: Post yer ERPO stories here...

Postby bignflnut » Sat Dec 07, 2019 9:29 am

Although possession of arms is at issue, the Second Amendment poses no serious barrier to enforcement of red flag laws. In District of Columbia v. Heller, the Supreme Court limited the individual right to keep and bear arms to “law-abiding and responsible citizens.” The petition itself does not render the subject an outlaw, or prove he is an irresponsible citizen. Rather, if the petitioner demonstrates that the stated risk is present, the law authorizes temporary removal. On this reasoning, courts have held that red flag laws do not violate the Second Amendment.


Heller comes through, again, to serve the purpose of the anti.

Remember how the dicta of that case wasn't going to be a concern going forward?
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby bignflnut » Mon Dec 09, 2019 3:45 pm

THE first person charged under Florida's new "red flag" gun law has been found guilty of refusing to give up his weapons.

Jerron Smith, 33, had built up an arsenal of weaponry including a glock handgun, a .22 caliber rifle and an AR-15 assault rifle - a favorite of mass shooters.

He had been ordered to give up the weapons after his arrest for allegedly opening fire at a car being driven by a friend in March last year.

Smith, of Deerfield Beach, is facing an attempted murder trial in connection with the shooting - which involved his handgun, police say.

He was placed on a risk protection order under the "red flag" law - enacted in response to the Parkland high school mass shooting in February 2018.

But the gun-owner refused to give up his weapons to deputies voluntarily - forcing authorities to seek a confiscation order from a judge.
'DANGER TO THEMSELVES OR OTHERS'

Florida’s "red flag" law allows authorities to seize weapons from suspects who they believe poses a danger to themselves and others.

The state is one of 15 in the US with such laws.

A neighbour told local media at the time of his arrest that Smith is an Army veteran.

Lorenzo Brown told WPLG-TV: "He spent a lot of money for his weaponry.

"It’s crazy. You just got to live around here to know what’s going on.”

Jurors reached a guilty verdict on Friday in less than half an hour to find Smith had breached the red flag law.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby bignflnut » Fri Dec 13, 2019 11:25 am

Most Southwest Florida residents ordered to court under a new Florida law that allows authorities to take their guns will be standing alone without a lawyer.

About 80 percent of Collier and Lee county residents who have been named in risk protection order cases have faced the judge alone, the Naples Daily News and The News-Press found after analyzing all of the region’s cases through October.

That means people defending their Second Amendment gun rights who often lack even a basic understanding of courtroom procedures are almost always going up against trained city or county lawyers.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby bignflnut » Tue Jan 14, 2020 9:16 am

For the first time, a judge has denied a request to take away a man’s guns under Colorado’s new red flag law. A Limon woman claimed a man who she had a relationship with threatened her with a gun and filed the request.

Since the law took effect, the red flag law has had many gun owners seeing red. At least four requests have been filed since the first of 2020; CBS4 is aware of them being filed in Denver, in Larimer County and this one — in Lincoln County.

SNIP

“I don’t think it’s going to be applied fairly. Anybody can say pretty much what they want about anybody else,” John Shearer told CBS4’s Rick Sallinger.

Rory Coyne, who bought his first gun over the weekend, had a different view.

“Well if a person is not right in the head they shouldn’t have a gun — if they re sick in the head,” he said.

The judge’s order explaining the denial of the woman’s red flag request was not made public at the time of CBS4’s request.


First-ies!
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby bignflnut » Wed Jan 15, 2020 2:57 pm

IDK if this is related to the previous story...
A mother whose teenage son was shot and killed by a Colorado State University police officer is seeking to have the officer’s weapons seized under Colorado’s new red flag gun control law. The case is a critical test of the bounds of the controversial law.

Susan Holmes filed an extreme risk protection order petition against Cpl. Philip Morris in Larimer County on Jan. 9. A hearing has been set for Thursday.



On her petition, Holmes also checked the box next to the question of whether this person has posed “a credible threat of or the unlawful reckless use of a firearm.” In her explanation, she wrote: “Phil Morris used his firearm to recklessly & violently threaten and kill 19 year old Jeremy Holmes.”


The problem is that Jeremy Holmes was shot and killed by Cpl. Morris in the line of duty in 2017, a situation that’s been described as “suicide by cop.”

But, how did Holmes file the order in the first place? After all, Colorado law states only police or family members can file an application for a red flag order, so how did Holmes file against Morris?

That’s easy. She lied.

You see, she claimed they were family. She said she had a baby with Morris. No such baby exists.

Now, Morris is fortunate here. He’s lucky because this is early enough in Colorado’s foray into red flag laws that such filings make news and, in this case, the media actually looked into it. The judge will likely learn of Holmes’s lies and dismiss the case.

But what if there hadn’t been a news report?

This is a huge part of the problem for me and a lot of other people. Without the media report–something you simply can’t assume will pop up on every case out there–Morris could potentially face losing his job.

And through this all, what happens to Holmes?

Nothing.

The Colorado legislature removed a provision from the original bill allowing victims of malicious red flag filings to seek civil damages. That means Holmes is going to walk away from this without even a slap on the wrist. After all, there’s no penalty in place for lying on the order, though the judge might decide to slap her with a contempt of court charge.


Again, we welcome those who previously considered themselves exempt from the Othering to the party.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby bignflnut » Thu Jan 16, 2020 10:37 am

Pennsylvania is considering a red flag law.

SNIP

First, we’re finding that suicide rates climb in states with red flag laws. In other words, the law being expressly justified in part by preventing suicides not just isn’t having the desired effect, but may actually be making the problem worse. That’s not just someone seeing correlation and claiming causation, either.

You see, part of the mechanism here may well be fears of seeking help by some because they don’t want their guns taken away. So they keep the issue bottled up and don’t talk to anyone about their depression. Now, it doesn’t take a professional to know that’s not a good recipe for success, yet that’s likely what’s happening here.

Not only that, but some people are likely trusting the red flag law to remove the ability for a loved one to commit suicide rather than involuntary confinement, but forget that there are a number of ways to kill yourself. A gun isn’t the only tool for doing that.

Another thing these folks in Pennsylvania are trying to argue here is that they want to remove the stigma of mental illness. Now, I’ll be the first to agree that such a thing is a great thing. I just don’t understand how they can see red flaw laws as somehow benefiting that goal. If anything, it makes the stigma worse, suggesting that those who are suffering from depression simply can’t be trusted with guns.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.” -Thomas Jefferson, 1774
"Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." - John Adams 1798
Tweed Ring: "...we should have all done more to elected Republicans..." Agreed
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Re: Post yer ERPO stories here...

Postby High Power » Mon Jan 20, 2020 5:23 am

Here is a story out of Colorado. A woman claims that a police officer, who shot her knife-wielding son, and she had a child together. She got an ERPO against him. Having a child together made her a qualifying person to ask for an ERPO.

It made it to court but was tossed out because she could not prove that they had a child together. This goes to show you just how far someone will go to get an ERPO. Watch the video in the article. It was clearly a justifiable shooting by the cop.

https://www.ammoland.com/2020/01/cop-erpo-red-flagged-by-mother-of-man-he-killed-in-2017-colorado-police-shooting/#axzz6BZ2N4mMU
"Insanity: doing the same thing over and over again and expecting different results." - Albert Einstein
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