Never realized how insane the ERPO's were, up to 1 year plus a 6 month extension possible?! That's wild, makes my brain hurt. Is there any active effort to overturn the ERPO notion?
Additionally...How is an ERPO order able to get a nightcapped warrant, while still requiring knock and announce rule? (refering to the pre dawn ERPO served where the dude got killed) ESpecially since its a civil matter not a criminal matter!?
Nightcapped Warrant ?
The wording in the bill was intentional.If it was made in good faith, nothing you can do.
If you can prove it was malicious, you might be able to do something but I suspect very hard to prove.
However if person A does not own or possess firearms and person B made a sworn statement that firearms are present then that is perjury. That isn’t good faith. One thing to misreport that someone appears to be a threat. That can of course be a lie, but hard to substantiate. U less person B claims person A was saying they have guns...
Yup. But it does open the person making the complaint to possible charges of filing a false complaint. Those ERPO “safe haven”/good faith protections apply to the person applying for an ERPO.
Even there, I’d think you’ve got more civil suit wiggle room against police if they take some neighbor at their word with zero evidence and go and get an ERPO without even bothering to talk to the respondent.
Theoretically speaking... if someone ERPOed you and you tell the nice officers to come back with a warrant... could you theoretically pack up your firearms and ammo and take them out of state before they returned? What would be the repercussions of that? Am I correct in guessing that you would probably be watched/tailed while the are applying for the warrant? Just wondering.
Theoretically speaking... if someone ERPOed you and you tell the nice officers to come back with a warrant... could you theoretically pack up your firearms and ammo and take them out of state before they returned? What would be the repercussions of that? Am I correct in guessing that you would probably be watched/tailed while the are applying for the warrant? Just wondering.
What MJD438 said . Unless the offending party spontaneously blurts out a confession in front of creditable witnesses , it is essentially impossible to disprove " I felt scared " .
Theoretically speaking... if someone ERPOed you and you tell the nice officers to come back with a warrant... could you theoretically pack up your firearms and ammo and take them out of state before they returned? What would be the repercussions of that? Am I correct in guessing that you would probably be watched/tailed while the are applying for the warrant? Just wondering.
They can call or and print a warrant while you wait..