What exactly is worded in the law that prevents this from being abused? "In good faith" is not a prevention.
Yeah, I'm kind of curious on that as well.
What exactly is worded in the law that prevents this from being abused? "In good faith" is not a prevention.
Between 2 and 3... you forgot...
2A) the Police investigate the complaint and talk to the students involved... ascertain that they were in fact talking about COD... Converse with them about which level they are currently on... and tell the teachers... thanks for calling... but try to be less suspicious in the future... and more judicious in asking the students to explain.
Part of what Hogan actually did fight for before agreeing to sign the 1302... was legal assurance written into the law that it would not allow it be abused by those looking to use it to "SWAT" people they don't like.
Between 2 and 3... you forgot...
2A) the Police investigate the complaint and talk to the students involved... ascertain that they were in fact talking about COD... Converse with them about which level they are currently on... and tell the teachers... thanks for calling... but try to be less suspicious in the future... and more judicious in asking the students to explain.
Part of what Hogan actually did fight for before agreeing to sign the 1302... was legal assurance written into the law that it would not allow it be abused by those looking to use it to "SWAT" people they don't like.
Yeah I'm sure that's how it would play out every single time.
What exactly is worded in the law that prevents this from being abused? "In good faith" is not a prevention.
Yeah, I'm kind of curious on that as well.
Waiting for an answer.
I can see this happening:
1) teacher overhears a student talking about shooting "all of them that come through the door"
2) teacher reports it to police
3) police request ERPO
4) police show up at house and take all the firearms.
5) turns out the kid was talking about his next level on his call of duty video game
Now the owner has to jump through all the legal hoops to try and get his guns back. This Will happen sooner than later.
Bolded part: There’s in no evidence anywhere that this is true. Lawn Chair Larry was hands off. MSI President Mark Pennak hounded the Senate Judicial Proceedings Committee when the Red Flag bill arrived from the House designating any living Democrat as someone who could ERPO any firearms owners.
Senate JPC Committee Chair Robert Zirkin recognized the embarrassment and ridicule the House bill would bring to the MGA and acceded to the narrower petitioner list we have now.
Despite Mark Pennak’s forceful and COMPELLING testimony and lobbying, there would never be the acceptance that the Red Flag law violates Due Process at its most basic level. (As best we could, Deep Lurker and I were also at the JPC for 10 straight hours providing Mark with the best assist we could.)
The “word on the street” was that Sen. President Mike Miller ordered the Red Flag law pushed through, or political heads would roll.
Yeah, just ask the family down here in Leonardtown.
Hope that's not going to be the norm for LEO generated ERPOs, especially if they're going on hearsay from individuals that don't live with the targeted party and could be trying to create a problem for the targeted party.This has already happened. The ERPO was obtained prior to any investigation.
Some gun owners have been able to get their weapons returned. Final seizure orders have been denied or dismissed by judges in 24 of the 172 cases so far.
Hope that's not going to be the norm for LEO generated ERPOs, especially if they're going on hearsay from individuals that don't live with the targeted party and could be trying to create a problem for the targeted party.
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This has already happened. The ERPO was obtained prior to any investigation.
What exactly is worded in the law that prevents this from being abused? "In good faith" is not a prevention.
I thought I'd post up what the actual ERPO looks like. Look at the disclaimer at the bottom of page 2. Penalty of perjury and good faith all in the same sentence. What a crock....