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  • Inspector1489

    Ultimate Member
    May 27, 2016
    1,416
    FL panhandle
    HAHA....but according to some member who just left this thread it's all in case search open to the public.

    The surrender all firearms in the Protective Order is different than the ERPO. They've had that clause in the Protective Orders for years and recently it's became a box that was checked all the time even if there is no allegations of firearms.

    Thanks for clearing that up for me.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    The scenario in post #78 would be properly dealt with by an arrest warrant for 2nd Degree Assault .
     

    magnumpi

    Active Member
    Jan 16, 2013
    377
    Westminster MD
    So I'm curious if someone requests an ERPO against you, are you notified ?? Obviously if it's granted you are notified at 5am with a knock on your door, but if its denied would you ever even know it happened???
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    So I'm curious if someone requests an ERPO against you, are you notified ?? Obviously if it's granted you are notified at 5am with a knock on your door, but if its denied would you ever even know it happened???

    Why would you be notified of something that didn't happen? Would compare to getting notification of not running a red light.
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    So I'm curious if someone requests an ERPO against you, are you notified ?? Obviously if it's granted you are notified at 5am with a knock on your door, but if its denied would you ever even know it happened???



    No, you would not normally be notified that an order was not granted.


    Sent from my iPhone using Tapatalk Pro
     

    bigdv

    Ultimate Member
    May 17, 2010
    1,297
    Calvert Co.
    So I'm curious if someone requests an ERPO against you, are you notified ?? Obviously if it's granted you are notified at 5am with a knock on your door, but if its denied would you ever even know it happened???
    Good question. Also what would have happened if this poor guy did not answer the door at 5 am? Would the cops blow the door open and raid the house? Confiscating anything that looked dangerous? Im confused to what the police are required to do if this red flag thing is granted?
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    Good question. Also what would have happened if this poor guy did not answer the door at 5 am? Would the cops blow the door open and raid the house? Confiscating anything that looked dangerous? Im confused to what the police are required to do if this red flag thing is granted?



    The order itself is not a search warrant and thus, does not give police authority to forcibly enter a residence. If someone doesn’t answer the door, the officers will either keep waiting and knocking, or attempt service at another time.

    The only time a search warrant comes in to play is if the respondent of the order does not consent to surrendering their firearms.


    Sent from my iPhone using Tapatalk Pro
     

    bigdv

    Ultimate Member
    May 17, 2010
    1,297
    Calvert Co.
    The order itself is not a search warrant and thus, does not give police authority to forcibly enter a residence. If someone doesn’t answer the door, the officers will either keep waiting and knocking, or attempt service at another time.

    The only time a search warrant comes in to play is if the respondent of the order does not consent to surrendering their firearms.


    Sent from my iPhone using Tapatalk Pro
    Thanks. I just did some research as well. It says whomever files the claim must list all guns that are owned and where they are kept in the house.
    "The petition also must include things, such as, how many guns the person has and where the weapons are."
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    Thanks. I just did some research as well. It says whomever files the claim must list all guns that are owned and where they are kept in the house.

    "The petition also must include things, such as, how many guns the person has and where the weapons are."



    The part about listing guns and their location isn’t going to matter one bit. It’s merely there as a “guide” for the LEO.


    Sent from my iPhone using Tapatalk Pro
     

    RepublicOfFranklin

    Ultimate Member
    Mar 16, 2018
    1,137
    The ‘Dena - DPRM
    If they let you know they’re coming then there’s no chance to make you think it’s a home invasion by no-knocking you at 0400. Hard to justify shooting you in your living room if you politely open the door.


    Sent from my iPhone using Tapatalk
     

    Shinny

    Ultimate Member
    Sep 20, 2012
    1,428
    So I'm curious if someone requests an ERPO against you, are you notified ?? Obviously if it's granted you are notified at 5am with a knock on your door, but if its denied would you ever even know it happened???


    Yes, you will know if someone tried to get an order against you. A copy of the denial will be mailed to you from the Clerk of the District Court. You will be notified if the order is granted, by the Police or Deputies coming to your door to serve you.
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    Yes, you will know if someone tried to get an order against you. A copy of the denial will be mailed to you from the Clerk of the District Court.



    Where are you seeing that? I can’t seem to find it in the law or on the District Court’s website.


    Sent from my iPhone using Tapatalk Pro
     

    basscat

    Ultimate Member
    Jul 23, 2012
    1,390
    When they come for yours: Remove the upper and hand them the lower, remove the slide and give them the frame, keep your mags. After all, they're there for the "firearms".:D
     

    RepublicOfFranklin

    Ultimate Member
    Mar 16, 2018
    1,137
    The ‘Dena - DPRM
    I assume that if you answer “ what guns?” and get arrested there goes checking “no” for the “Have you ever been arrested?” Question on jobs forms, college applications, rent applications. Just another way for them to marginalize their enemies.


    Sent from my iPhone using Tapatalk
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    Exactly. What happened with the 60 that were granted. Was somebody testifying with bruises all over their face, after getting out of the hospital, after being raped?

    I have seen some pretty bad domestic violence stuff in real life and in court. No doubt in my mind that some people should lose their firearms after physically beating another person over a domestic dispute.

    Then again, a normal protective order is supposed to relieve a person of their firearms. Is it possible that somebody used an ERPO instead of the normal protective order process? It would be interesting to see exactly what happened in those 60 cases where an ERPO was granted.

    Dammit fabs... there we are with another agreement.

    This is getting weird. :lol2:

    And for those who doubt dblas... (he was merely attempting to provide pertinent facts in the matter of the thread subject.) The denied ERPOs were very possibly due to the applicants not qualified by the law to apply. The neighbor with a grudge is not listed as a person who may apply. Therefore, that application would be DENIED. And there are other probable reasons just like that one.

    Until such time as someone actually finds out otherwise and posts their verifiable information in the matter. I’ll take dblas at his word respectfully.
     

    clay_shooter

    Banned
    BANNED!!!
    Nov 27, 2011
    452
    MoCo
    That's a high signal to noise ratio. Tells me the law is being abused by accusers.

    The defendants may have better lawyers. Maybe the accusers said the wrong things in court. Sometimes the defendant is a controlling ******* that makes sure the accuser has no assets including reasonable transport to court. Other times the defendant forces reschedules so that the accuser can't afford to take off work again. Sometimes the accuser is using the system as a lever in custody or divorce cases.

    PO cases are all over the map. You see a lot of that if you sit in on Protective Order cases...
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    If they let you know they’re coming then there’s no chance to make you think it’s a home invasion by no-knocking you at 0400. Hard to justify shooting you in your living room if you politely open the door.


    Sent from my iPhone using

    Maybe that sounds witty to some. However, in all my years as a LEO and a LEO Supervisor... I’ve NEVER met even one LEO who said anything about going someplace wanting to shoot a person in their home. And frankly... the statement is incendiary rhetoric. And adds nothing positive to the otherwise civil discourse of this thread.

    There are many LEOs... both active and retired... who are members here. All of them are just as supportive of the 2A RTKABA as anyone else here. Can they please get the respect they deserve for their efforts?
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,187
    I assume that if you answer “ what guns?” and get arrested there goes checking “no” for the “Have you ever been arrested?” Question on jobs forms, college applications, rent applications. Just another way for them to marginalize their enemies.


    Sent from my iPhone using

    Gun owners are NOT the enemies of LEOs.
     

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