Tag Archives: ERPO

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?


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Consider if you will

-annoying rap ringtone-

“Yeah? Mikie here. Oh, Lemonjello.* Yeah, I know, but I ain’t got the money. I know, I know; I said I’d pay it back last month, but, sh*t bro, you know how it goes… No, don’t tell Sharisse; she’d kill me. F*** it, man, I gots some cash coming next month. Leave me ‘lone till then.”

-puts multi-hundred dollar phone away-

“F*****g a**hole. I’ll pay his a** back.”

-pulls phone out again-

“Crimestoppers Hotline.”

“Yeah, I know this who’s gonna rob a bank. His name’s…”

“Sir, is this a crime that has already occurred?”

“Well, naw. But he’s gonna rob it.”

“Sir, I’ll forward you to the Detectives division.”

-click- -obnoxious elevator music-

“Investigations. Sgt. Holloway.”

“Yo, man. I know a dude what’s gonna rob a bank.”

“Really? And you know this how?”

“Like, he’s talking ’bout needin’ cash, and he got this gun… His name’s Lemonjello Sm…”

“What bank do you believe he’s targeting?”

“Umm… Well, he gots an account at the Second First National on Highland.”

“He’s going to rob his own bank?”

“Sure; he know where that one is.”

“He told you about his plans?”

“Naw, but you just know…”

“Right. Tell me about this gun he has. What type, where he got it.”

“I ain’t seen it. But he said he bought something for protection at Falcon Tactical Guns a while back.”

“He bought this at a gun store?”

“Sure.”

“So we have a guy with a lawfully owned firearm, who hasn’t said anything about robbing anything, but you just know. Has he robbed anything else? Muggings, assault, anything else?”

“No, but…”

“Let me guess. You owe him money, and you’re trying to get out of paying. We see that all the time.”

“Wait! Maybe he’s gonna…”

-click-

“Well, shit.”

-punches numbers again-

“Red Flag Hotline. Who is in danger from whom?”

“Yo, Lemonjello Smith done got a gun, and he’s gonna hurt somebody. And… and… Yeah! He’s real depressed-like and gonna kill hisself when he done.”

“Thank you for the warning, sir. We’ll get right on it. Please spell the poor man’s name.”

“L-e-m-o-n-j-e-l-l-o S-m-i-t-h.”

“Lemon Jello?”

“Yeah, his momma love the stuff. And you should see his sister Deserta.”

“Lemon Jello and Deserta?”

“Yeah, ain’t none of them right in the haid, if ya know what I mean. And he gots a gun.”

“Yes, this sounds very serious, sir. Let me get the rest of the information, and we’ll get a protection order to take his gun right away.”

“Cool! Thanks be to Jesus for red flag orders, huh?”

“Yes, sir.”


* Pronounced leh MAHN jeh LOW.


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Sandpaper?

Keep guns out of dangerous people’s hands
Groups that support restrictions on firearms might be tempted to go too far in the wake of tragedy. Gun control opponents reflexively oppose any restriction. They call this one a gun confiscation act, despite the many safeguards it would put in place. For them, sandpaper is slippery slope.

Hmm…

  • pre-1968: If there is sufficient evidence of a crime having been committed, you’ll be disarmed when arrested
  • 1968: If you’re convicted of a serious crime, a felony, you’ll lose your 2A rights
  • 1997: If you’re convicted of misdemeanor domestic violence, you’ll lose your 2A rights
  • 1998: You have to preemptively prove you were never convicted of a felony or domestic violence before exercising your right to purchase a firearm
  • 2018: If someone makes an accusation, lacking sufficient evidence to make an arrest, you’ll lose your 2A rights

At this rate, by 2054, if two out of three freaks in a bath tub make an unsubstantiated claim that you might do something in the future, you’ll lose your 2A rights.

Skiing Downhill ca. 2001 Colorado, USA

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Trump: Never?

So Trump spoke to the NRAAM…

“Your second amendment rights … will never, ever be under siege as long as I am president.

Please note that the NRA leadership has supported all these (except raising age limits to 21), too. LaPierre and Cox still seem to be there, so don’t tell me about the new Board.

“Never.” I wonder…


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They could start by firing LaPierre

(I originally posted this on my personal site, but it bears repeating; and TZP gets more traffic than I do.)

NRA Launches Drive to Add 100,000 Members in 100 Days
Fox News reports that NRA media relations manager Jason J. Brown said, “The NRA’s strength is in our dedicated and politically savvy members. Over the next 100 days we hope to welcome 100,000 new freedom-loving Americans to our ranks. The threat to our Second Amendment has never been greater.”

Seriously. Fire Wayne LaPierre. Chris Cox, too.

Then repudiate ERPOs and bump-fire bans. Apologize for opposing constitutional carry, for helping draft “assault weapons” bans, and endorsing obviously anti-human/civil rights politicians. Hell, apologize for supporting NFA ’34, GCA ’68, FOPA ’86, et cetera (it’s a long list).

And I’ll at least think about maybe joining.

Not until.


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Extreme Risk Facebook Use

I’ve warned about the dangers of due process-free “Extreme Risk Protection Orders. The lack of said due process, the way pretty much anyone can get one, the way the target isn’t allowed to know until it’s too late, the potential for abuse.

Let’s look at one of those points again: he way pretty much anyone can get one. It varies by state, but generally anyone who sort of knows the target can get one. Truly sucks if the requestor was simply trying to get his target disarmed, the better to kill or injure him with impunity.

Anyone who sort of knows the target…

Like Facebook.

Facebook rolls out AI to detect suicidal posts before they’re reported
“This is about shaving off minutes at every single step of the process, especially in Facebook Live,” says VP of product management Guy Rosen. Over the past month of testing, Facebook has initiated more than 100 “wellness checks” with first-responders visiting affected users. “There have been cases where the first-responder has arrived and the person is still broadcasting.”(emphasis added-cb)
[…]
Facebook’s tools then bring up local language resources from its partners, including telephone hotlines for suicide prevention and nearby authorities. The moderator can then contact the responders and try to send them to the at-risk user’s location, surface the mental health resources to the at-risk user themselves or send them to friends who can talk to the user.

Gee, I can’t see any possible way that could go wrong. Except when it does. A lot.

But assuming you survive the wellness/welfare check, what’s next? We have Facebook notifying the authorities that a person is suicidal; is that going to trigger an ERPO?

Perhaps not under most current laws just now — though several have been written to allow police to file for an order when they become aware of a situation — but given the fad for minority reports predictive policing, and for mental health tests for gun ownership, I figure it’s merely a matter of time before the Pelosis of the statist world take note of Facebook’s snooping and require a FB report to trigger an ERPO. Just to be sure.

Unfortunately, after TechCrunch asked if there was a way for users to opt out, of having their posts a Facebook spokesperson responded that users cannot opt out. They noted that the feature is designed to enhance user safety, and that support resources offered by Facebook can be quickly dismissed if a user doesn’t want to see them.

Quickly dismissing the “first-responders” kicking in your door may be a little more difficult. Dismissing a gun-siezure ERPO is effectively impossible.

But the spokesman is wrong. There is an opt-out: drop Facebook for your own protection. True, FB permanently archives your account contents in case you ever want to come back, but at least you can avoid the near real-time telescreen psych monitoring.

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