ERPOs: Everyone is STASI now

Sane people already know that so-called “extreme risk protective rights violating orders” are… insane.

  • Not a single bill I’ve read actually requires taking into the custody the allegedly “dangerous” person. Just one type of weapon. Just make him angry, and leaves him free to act on it, with something else.
  • None include — by deliberate design — anything approaching due process meeting federal legal standards. The accused is specifically excluded from any chance of defending or explaining himself before his property is stolen. Which, of course, is why he’ll be angry.
  • Few, if any bills, include penalties for someone filing a false report. At least one state specifically legislature voted down an amendment to add penalties for false reporting. A no-cost way to screw with one’s enemies.
  • By design, these bills allow petitions from people with minimal contact with the accused.
  • ERPOs require a standard of “evidence” for depriving someone of rights far below that of even a misdemeanor conviction. The standards are well below that of ordinary civil lawsuits. No evidence; just an unsubstantiated claim good enough for a judge who hates guns.

So how can they possibly get any worse?

What? You never heard of New York, or Gov. Cuomo?

Cuomo: Allow teachers to petition judges to seize guns
New York Gov. Andrew Cuomo wants to allow teachers to ask a judge to remove guns from the homes of troubled students.

The Democrat said on Tuesday that he will introduce the idea as legislation. He acknowledged it will face criticism from Republicans.

Under the measure, teachers and school administrators would have legal standing to petition a court to remove any firearms from the homes of students considered a threat to themselves or others.

This would allow teachers to obtain rights-violating orders against not the student, but anyone and everyone in the student’s home. Whom the teacher may have never met. Whom — supposedly — isn’t even the alleged “dangerous” person.

Don’t like guns? Start reporting students and get entire families of innocent people disarmed, without any pesky need for evidence. This being New York, I’ll guarantee they’ll find oath-breaking judges who’ll sign victim disarmament orders. I can see NYS school districts sending out memos to teachers to start collating lists of students/families to target, based on known/suspect gun wnership by a family member. Probably starting with those whose parents demand parent-teacher conferences; the damned uppity troublemakers who dare question the faculty’s authority.

I don’t live in New York (and you would have enjoyed the discussion the time a boss tried to talk me into relocating to New York City), so this wouldn’t affect me.

Yet.

The problem is that, like “standard” extreme rights violating order legislation, the gun people controllers will take any legislation Cuomo comes up with and use it as a model in other states. I can make some good guesses as to which legislators in Atlanta would leap at the chance to sponsor it here.

I have a disturbed niece who has publicly stated that she hates guns, and wants everyone over the age of 55 eliminated. What happens when she realizes she can start filing no-evidence ERPOs to fulfill her genocidal dream?

What happens when anyone having a lawncare dispute with a neighbor can send the confiscation cops out to screw him over?

What happens when ERPO legislation makes everyone a STASI informer?


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and recurring bills.

paypal_btn_donateCC_LG


Facebooktwittergoogle_plusredditpinteresttumblrmail

2 thoughts on “ERPOs: Everyone is STASI now”

  1. Don’t forget that the police have militarized and have a tendency to send in SWAT teams for even minor issues. So, you can be sure they will go into a house unexpected and unannounced per ERPO with “guns blazing” and some innocent homeowner that thinks it is a home invasion will die.

    Then they get to hide behind qualified immunity and there are no consequences to the person who got the ERPO. The only things missing are arm bands and the knee length jack boots.

    Makes me want to get an ERPO against judges, police chiefs, legislators, attorneys, and other SOBs who want these abuses!
    I won’t, and all of my guns were lost in tragic boating accident.

  2. Braden, I agree except that we know those in positions of authority will never be “swatted”, and will most likely will be immune to ERPOs.

    I can easily see the subject of such “red flag” laws – with no recourse to the justice system, and never being faced by their accuser, going postal. The Patriot Act is bad enough, asset forfeiture laws are bad enough, but this makes a travesty of what use to be law in this country.

    Aleksandr I. Solzhenitsyn said it well:
    “And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?… The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt! If…if…We didn’t love freedom enough. And even more – we had no awareness of the real situation…. We purely and simply deserved everything that happened afterward.”

Leave a Reply

Your email address will not be published. Required fields are marked *