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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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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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Re: Post yer ERPO stories here...

Postby bignflnut » Tue Feb 11, 2020 10:37 am

Jon is a veteran, sports fisherman, and law-abiding gun owner from St. Cloud, who just happens to have the same name as a drifter who threatened an elderly couple.

"He’s 110 pounds. I’m 200. He has brown eyes. I have hazel. He has black hair. I have no hair,” Jon said, comparing himself to the other Jon Carpenter, who became the target of a risk protection order to remove any weapons he may possess.

But the veteran, fisherman, 200-pound Jon Carpenter was sent a certified letter from the state, suspending his firearms license.

“I was just dumbfounded. I didn’t know what to do. I called the state and they basically said, 'There's an injunction against you,'” Carpenter explained.

He also received a notice that he had been reported to DCF for elder abuse and a state order to surrender any firearms.

"The state basically said, If it’s not you, go to the courthouse. They’ll give you a letter and they’ll get you reinstated,” said Carpenter.

But that's not how it played out.

"Then, he finally comes out, and he's like you basically have to go to court on the 27th, in two weeks. So I said, 'I'm guilty until I prove myself innocent? That’s why I'm here, trying to show its not me.' And he’s like, 'Since you‘re here, you’ve been served. Here’s your restraining order,'” Carpenter recalled.

SNIP

"They said they process it in the order it was received and it takes 6-8 weeks. I was like, 'So you can suspend it in one day, instantly, but for somebody else’s mistake, I’ve got to wait 6-8 weeks?'”

Carpenter persisted and got it straightened out sooner than that, but he says his experience of mistaken identity is a red flag, in itself, for politicians who promote the red flags laws and trust the bureaucrats to get it right.


Natural Rights violated via a licensing database....sigh...
-That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,---That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness


2. The people create their governments primarily to serve one supreme purpose: to "secure" the safety and enjoyment of their God-given, unalienable rights. To make and keep them secure is government's primary function and chief reason for existence, according to the philosophy proclaimed in the Declaration of Independence.
“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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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Re: Post yer ERPO stories here...

Postby bignflnut » Wed Feb 19, 2020 3:40 pm

All four Florida residents had their guns taken away by judges under a “red flag” law the state passed three weeks after authorities say a mentally disturbed man killed 17 people in a shooting at Marjory Stoneman Douglas High School in Parkland two years ago Friday.

The law, supported by legislators of both parties , has been applied more than 3,500 times since, with the pace accelerating during the last half of 2019. Even so, an Associated Press analysis of the law showed its use is inconsistent, with some counties and cities using it rarely and others not at all.

SNIP

The AP analysis shows that from March 2018, when the law was enacted, through December 2019, there was a wide disparity in its per capita usage in Florida’s 67 counties. Twenty issued at least one for every 5,500 residents during that time period, the statewide average. Three issued at least one for every 2,000 residents, including Gualtieri’s Pinellas County, which includes the Tampa Bay area, and has nearly 1 million people. Highlands County, near Lake Okeechobee, ranked No. 1, issuing one for every 850 residents.

On the other extreme, 12 counties issued one for every 30,000 residents or less. Two neighboring Panhandle counties — Escambia and Santa Rosa — issued one for every 100,000 residents or more. Another nine small, rural counties issued none.

Highlands County Sheriff Paul Blackman said he doesn’t know why his county is No. 1, but he noted that his deputies average two calls daily for mental health crises.

SNIP

Crews said most potential red flag cases are asked to surrender their guns to a relative, who is told to not return them until the person finishes mental health treatment. He said that approach works better than confrontation and has never backfired. He said the office would not hesitate to use the law, however, if someone didn’t cooperate.
“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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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Re: Post yer ERPO stories here...

Postby bignflnut » Thu Feb 20, 2020 10:23 am

One day after Infowars journalist Kaitlin Bennett was viciously assaulted by a mob of left-wing terrorists at Ohio University (OU), a Parkland father and radical gun control advocate is calling for her to be stripped of her 2nd Amendment rights with red flag laws.

Fred Guttenberg, allegedly a father of a shooting victim in Parkland, Fla., wants Bennett to be robbed of her core freedoms because he was triggered because of an open carry rally she is planning to show that she is completely undaunted by the left-wing terror mob.

“I will absolutely be returning to @ohiou’s campus again, and next time I’ll bring an army of gun owners for an open carry walk through campus,” Bennett wrote on Twitter. “You can’t keep us away and you can’t keep us silent. Just like Donald Trump, we will always win.”

Guttenberg told Newsweek that Bennett’s comment “pushes for the possibility of gun violence” and should be taken as a threat, despite the lack of any call for conflict in her statement.


That's exactly right...everybody makes me nervous, take all they're guns away!
“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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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Re: Post yer ERPO stories here...

Postby bignflnut » Fri Feb 21, 2020 1:35 pm

The Second Amendment Foundation is cautioning the public about a new “toolkit” [embeded below] for gun control lobbying groups to help them campaign for passage of so-called “red flag” laws that create “Extreme Risk Protection Orders” designed to take firearms from people based on allegations from family members, intimate partners or others, raising concerns about due process.
The document, leaked to AmmoLand News, was produced jointly by the Alliance for Gun Responsibility, the Giffords gun control group and the Educational Fund to Stop Gun Violence.

“This document,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “raises alarms because there’s a lot in it about taking someone’s guns, but only two paragraphs about returning firearms to their rightful owner.”


It's all about the message/propaganda. Stick to the messaging...
See... pro2A groups allow individuals to express themselves freely and openly. Organized people who rally around an agenda, with a religious zeal, put forth a unified, uncompromising voice. We lost our religious zeal, we lost our moral authority by compromising on databases, background checks, and other grand concepts as we capitulated to "Public Safety", because we failed to articulate and educate people on the benefits of Liberty and Negative Rights. (I blame Frenchie more than WWE HoF Trump, simply because Trump is the current running back carrying the ball, but Frenchie came up with the gameplan decades ago.) We just couldn't break with the voices of the police. Naw, that would be a bridge too far (cop bashing!)...now even the cops are being Othered and coming around to our way of thinking, albeit quietly and privately, unless directly elected.
“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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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Re: Post yer ERPO stories here...

Postby bignflnut » Mon Mar 02, 2020 9:58 am

Maybe you saw the reports from Colorado about the county jail inmate who had petitioned a local court for an extreme risk protection (“red flag” confiscation) order against Weld County Sheriff Steve Reams. First, the good news: a local court took one look at the petition and threw it out, recognizing it for the frivolous harassment it was.

SNIP

Crispin claimed that county jail guards intimidate and abuse inmates. Sheriff Reams told us they carry shotguns with less lethal ammunition — basically beanbags — to use in the event inmates become violent. That apparently intimidates Crispin.

Under Colorado’s “red flag” law only relatives or those who live with a gun owner can petition the court to have their guns confiscated. Crispin’s novel theory was that because he resides in the county jail, which Sheriff Reams oversees, he “lives with” the sheriff and had standing to request the gun grab.

SNIP

If the confiscation order had somehow been issued by the judge, the Sheriff — who has access to and is responsible for all of the county’s firearms — would have had to disarm not only himself, but everyone in the jail, guards included.

This kind of abuse of the law by someone with a beef against the targeted gun owner is precisely why Sheriff Reams opposed the ERPO law in the first place. And the consequences for filing a frivolous claim like this are minimal.

At most, under the Colorado law, Crispin faces a charge of perjury for claiming that he “lives with” the sheriff. But even that’s in doubt here, because Crispin will likely argue that’s his understanding of the law as it’s written.

The sheriff told us that only two motions (other than Crispin’s) for “red flag” confiscations have been filed in Weld County since the law went into effect, and both were denied. He said, though, that when his office is notified that the court has received an ERPO petition, his office notifies the targeted gun owners so they can defend themselves.


Because Public Safety!
“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

"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other. " John Adams to Massachusetts Militia Oct 11, 1798
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Re: Post yer ERPO stories here...

Postby Brian D. » Mon Mar 02, 2020 2:07 pm

I have to admit, this Crispin dude came up with a clever complaint. Funny, anyway. A judge will have to decide if, as an inmate of the jail, Crispin "resides with" the sheriff.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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