Antis Want to "Strengthen" Red Flag Law

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  • dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Lots of Red Flag threads so I picked one to post on .

    Can someone enlighten me , who right now can make a claim to "Red Flag" you .??

    Can a Judge you had a FB dispute with or a politician ?? do they have enough juice to get back at a voter that has rubbed them the wrong way . Drop a dime on them ? asking not like anyone would ever find out .

    Per the law, here is the list of who may request an ERPO:

    “PETITIONER” INCLUDES:
    (I) A PHYSICIAN, PSYCHOLOGIST, CLINICAL SOCIAL WORKER, LICENSED CLINICAL PROFESSIONAL COUNSELOR, CLINICAL NURSE SPECIALIST IN PSYCHIATRIC AND MENTAL HEALTH NURSING, PSYCHIATRIC NURSE PRACTITIONER, LICENSED CLINICAL MARRIAGE OR FAMILY THE RAPIST, OR HEALTH OFFICER OR DESIGNEE OF A HEALTH OFFICER WHO HAS EXAMINED THE INDIVIDUAL;

    (II) A LAW ENFORCEMENT OFFICER;

    (III) THE SPOUSE OF THE RESPONDENT;

    (IV) A COHABITANT OF THE RESPONDENT;

    (V) A PERSON RELATED TO THE RESPONDENT BY BLOOD, MARRIAGE, OR ADOPTION;

    (VI) AN INDIVIDUAL WHO HAS A CHILD IN COMMON WITH THE RESPONDENT;

    (VII) A CURRENT DATING OR INTIMATE PARTNER OF THE RESPONDENT; OR

    (VIII) A CURRENT OR FORMER LEGAL GUARDIAN OF THE RESPONDENT
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,129
    southern md
    What if this can be used by politicians to silence persons that are questioning their leadership ?? Call a tip line and make a claim (anonymously) to get the ball rolling . And when they (Leo) come to pay you a visit you are less then friendly . Seems feasible .

    I doubt they even have to bother with the 1302 to have the police or it’s visit people who piss them off
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    What if this can be used by politicians to silence persons that are questioning their leadership ?? Call a tip line and make a claim (anonymously) to get the ball rolling . And when they (Leo) come to pay you a visit you are less then friendly . Seems feasible .

    Currently, an anonymous tip is not permitted, nor is an ERPO issued on one. We will have to wait and see what get thrown at the wall in January.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    Currently, an anonymous tip is not permitted, nor is an ERPO issued on one. We will have to wait and see what get thrown at the wall in January.

    Call a tip in , get the police involved and 2 minutes after that you could have the police get an order processed if they don't feel you were cordial and warm and fuzzy .

    Maybe you told the Leo to pound salt , Not against the law . But that would be the next step .
    The point I am making is lots of legal acts like telling a cop you are not talking may escalate the situation .


    Thank You for the posting of the law:thumbsup:
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Call a tip in , get the police involved and 2 minutes after that you could have the police get an order processed if they don't feel you were cordial and warm and fuzzy .

    Maybe you told the Leo to pound salt , Not against the law . But that would be the next step .
    The point I am making is lots of legal acts like telling a cop you are not talking may escalate the situation .


    Thank You for the posting of the law:thumbsup:

    I would hope that the process is a little more strict than that, and current numbers would bear that out. 114 ERPOs requested in the first month, less than 60 granted. I am guessing those that were not approved were of the dubious nature you mentioned above.

    As always, I try to post my cites for other to refer back to.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,151
    Per the law, here is the list of who may request an ERPO:

    “PETITIONER” INCLUDES:
    (I) A PHYSICIAN, PSYCHOLOGIST, CLINICAL SOCIAL WORKER, LICENSED CLINICAL PROFESSIONAL COUNSELOR,CLINICAL NURSE SPECIALIST IN
    PSYCHIATRIC AND MENTAL HEALTH NURSING,PSYCHIATRIC NURSE PRACTITIONER, LICENSED CLINICAL MARRIAGE OR FAMILY THE RAPIST, OR HEALTH OFFICER OR DESIGNEE OF A HEALTH OFFICER WHO HAS EXAM
    INED THE INDIVIDUAL;

    (II) A LAW ENFORCEMENT OFFICER;

    (III) THE SPOUSE OF THE RESPONDENT;

    (IV) A COHABITANT OF THE RESPONDENT;

    (V) A PERSON RELATED TO THE RESPONDENT BY BLOOD, MARRIAGE, OR ADOPTION;

    (VI) AN INDIVIDUAL WHO HAS A CHILD IN COMMON WITH THE RESPONDENT;

    (VII) A CURRENT DATING OR INTIMATE PARTNER OF THE RESPONDENT; OR

    (VIII) A CURRENT OR FORMER LEGAL GUARDIAN OF THE RESPONDENT

    What is a health officer?
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    I would hope that the process is a little more strict than that, and current numbers would bear that out. 114 ERPOs requested in the first month, less than 60 granted. I am guessing those that were not approved were of the dubious nature you mentioned above.

    As always, I try to post my cites for other to refer back to.

    Well I am hoping you are correct and grateful for the answers and info.


    There was a judge that posted on FB a man that questioned him about something and the judge posted his criminal record .
    He quickly pulled it down after he was called out by people , and one of those people were my brother .
    My brother son goes to school with the son of the judge , not saying much more then that but some strange things are happening .
    And there is not even 6 degrees of separation . Odd or a coincidence maybe .
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    The "any interested party" is ripe for abuse on both sides. If its added back in, the will be a whole summer to draw up a list of respondents on the (D) side, especially their financial backers.

    Sent from my SM-G965U using Tapatalk
     

    CrazySanMan

    2013'er
    Mar 4, 2013
    11,390
    Colorful Colorado
    I have a very liberal aunt through marriage who I do not get along with at all. I'm pretty sure she would have 1302'd me by now if I we're still living in Maryland. She's extremely anti-gun, always in everybody's business and always talking about people behind their back. The last time I saw her we had a long session of four letter words and haven't spoken to each other since.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    This whole Red Flag should scare the living day-lights out of us , it may get me back on the bricks . When you can be accused of something and be guilty first until you prove otherwise we should be horrified .
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    This whole Red Flag should scare the living day-lights out of us , it may get me back on the bricks . When you can be accused of something and be guilty first until you prove otherwise we should be horrified .

    If people aren't horrified by this bill, they either don't care, or aren't paying attention.
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,129
    southern md
    This whole Red Flag should scare the living day-lights out of us , it may get me back on the bricks . When you can be accused of something and be guilty first until you prove otherwise we should be horrified .

    Yes indeed

    I don’t get along with many people and I have worked construction for right at 40 years and had to get rid of more people than I can remember and lots of them were less than happy about getting canned

    Not to mention over 30 some years of drinking and bar roomin and bar brawlin

    Shit I feel like anyone could or would point a finger

    Terrifying really
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,297
    Underground Bunker
    Or they don’t own guns which makes them immune to this bill

    Which is the oddest part of this bill/law .


    Why not take the steak knives , family car . But people that don't own guns this means nothing .

    What can we take of the liberals when we feel threatened by them ?
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Or they don’t own guns which makes them immune to this bill
    I wonder about that. Seems to me LE still has to serve the order. After all, long guns are not in the registry, so LE would at least have to ask the respondent.

    And, while the ERPO is in effect, no buying a firearm.

    Sent from my SM-G965U using Tapatalk
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Which is the oddest part of this bill/law .


    Why not take the steak knives , family car . But people that don't own guns this means nothing .

    What can we take of the liberals when we feel threatened by them ?
    Their sense of safety provided by big government... sic that big government on them with their own laws.

    Sent from my SM-G965U using Tapatalk
     

    basscat

    Ultimate Member
    Jul 23, 2012
    1,390
    So if the police serve a person a ERPO and they only have long guns,( no registry), and the respondent says " I have no guns ", then what's the police to do? Can a search warrant be issued on a " maybe" from someone who thinks he has guns. The police have no proof that he owns any.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,154
    If the ERPO is a judicial order and not a warrant do the police serving it have any right to enter the home or can they be told to wait outside until the subject retrieves all firearms and ammunition to turn over? Is the subject entitled to a detailed inventory of what is turned over? Could the subject retrieve one firearm or one box of ammo at a time to turn over cooperating fully with the intent of the order (it might take awhile for some gun owners).

    Has anyone seen the actual language of a ERPO?
     

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