Posts Tagged erpo

Red Flag Law Abuse Has Started, As Predicted

From Bearing Arms:

Backers of Colorado’s new red flag law aren’t saying much about the first high profile abuse of the Extreme Risk Protection Order process and for good reason. The case of Susan Holmes has revealed that not only will some individuals try to abuse the system, but the state’s mental health system is likely in need of an overhaul as well.

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Red Flag Laws Hurting Innocents

From Reason:

One thing is certain: Taking away people’s guns based on predictions of what they might do with them raises thorny due process concerns. That’s especially true with laws like Maryland’s, which authorize broad categories of people to seek ERPOs based on scant evidence and effectively put the burden on gun owners to demonstrate that they don’t pose a threat to themselves or others. While the benefits of these laws are mostly speculative, they inevitably deprive law-abiding people of the constitutional right to armed self-defense, even when it is quite unlikely that they would use guns to hurt themselves or anyone else.

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Washington Expands Reasons For Taking Guns

From Bearing Arms:

Now, the state wants to use ERPOs for more gun owners who, like the man who went to Northwest Hospital in early April, threaten to commit hate-fueled violence. Among a slew of gun violence prevention bills signed by Governor Jay Inslee in early May was an amendment to the current ERPO law that specifies that judges should consider whether a troubled gun owner has been convicted of “malicious harassment,” a category that includes behaviors like burning crosses and defacing property with swastikas. It’s the first hate-specific ERPO law in the country.

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