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Thread: Rep. Wittenberg Introduces Extreme Risk Protection Order to Reduce Gun Violence, Protect Michigan Families

  1. #1
    Front Page News Moderator/Editor Smokepole's Avatar
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    Rep. Wittenberg Introduces Extreme Risk Protection Order to Reduce Gun Violence, Protect Michigan Families

    With credit to "10x25mm" for the find!

    Rep. Wittenberg Introduces Extreme Risk Protection Order to Reduce Gun Violence, Protect Michigan Families

    Michigan House Democrats
    Tuesday, June 6, 2017

    LANSING — State Rep. Robert Wittenberg (D-Oak Park) introduced new legislation to allow judges to issue protective orders for individuals that law enforcement or family members assert pose a threat. His proposal would target those individuals who pose a clear and present risk of harm to themselves or others, but who are not otherwise restricted from purchasing or possessing guns. Wittenberg was joined at a press conference today by representatives from Moms Demand Action, the Michigan Coalition Against Gun Violence and Kim Miles representing the Wayne County Prosecutor’s Office.

    “This legislation is about public safety. If someone has made threats of violence or suicide, it only makes sense to take those threats seriously,” Wittenberg said. “By following a court process to only temporarily limit access to guns for these individuals, we can better protect our families and communities. This legislation would give us another tool to try and prevent more senseless tragedies.”

    The Extreme Risk Protection Order would allow a family member, a federal law enforcement officer or a local law enforcement officer to ask the courts to issue a protection order against a person who poses a significant risk of personal injury to him or herself or others by possessing a firearm. The court would have to consider testimony, documents and other evidence in support of the request, including whether the person had previously inflicted or threatened to inflict personal injury or harm to others and any other facts the court deems relevant. Under the order, law enforcement could possess the individual’s firearm, and the individual would be prohibited from purchasing new firearms while the order is in effect.

    The order could be in effect for no longer than a year from the date it was issued.
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  2. #2
    MGO Member Roundballer's Avatar
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    Mar 2009
    I/C "Gateway to the Thumb" Lapeer County
    The links to the Bills:

    Quote Originally Posted by 10x25mm View Post
    Representative Wittenberg has introduced HB 4706 and HB 4707 to create the same 'Extreme Risk Protection Orders' in Michigan:

    Wittenberg has been touting ERPO legislation since the beginning of the year.

    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #3
    I am a Forum User
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    Dec 2010
    West of Bravo
    Some clown you hardly know can get a judge to issue an 'Extreme Risk Protection Order' against you which allows the police to seize your firearms, CPL, knives, baseball bats, etc. should this legislation proposed by Representative Wittenberg become law.

    You only find out that an ERPO has been issued when the police break down your door to effect the seizure. You have no opportunity to contest the initial grant of an ERPO in front of the judge. Imagine how ERPO's can be used against you in a nasty divorce proceeding, or in the case of a contested will. Police can also apply for ERPO's, so it becomes a useful tool for retaliation and/or a backdoor route to end 'shall issue' CPLs.

    Representative Wittenberg's bills to create 'Extreme Risk Protection Orders' in Michigan are HB 4706 and HB 4707. Both bills have received their first reading (of three) and have been referred to the House Judiciary Committee.

    Wittenberg is carrying Michael Bloomberg's water with this ERPO legislation, which is both an affront to the Second Amendment and the due process rights recognized by Fifth and Fourteenth Amendments to the United States Constitution.

    ERPO's are now law in five other states, so this is a genuine threat to gun owners.
    Last edited by 10x25mm; 07-10-2017 at 05:09 PM.

  4. #4
    Legal Forum Contributor / Super Moderator SteveS's Avatar
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    Jul 2002
    Ingham County
    The anti gun groups are a lot of things, but they aren't stupid. Most people don't want "crazy" people to have guns, so they have no problem with legislation that targets them. The problem is that the actual legislation tends to be overly broad and and includes people that aren't reall dangerous.
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  5. #5
    I am a Forum User
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    Mar 2011
    sw michigan
    It's written broad enough so that the Courts get to fill in the blanks or put another way make it up as they go. I see too many abuses with a law like this.

  6. #6
    No way !!!!! This one needs to die a quick death. Won't do me any good to contact my REPS. Total lib, party line voting idiots.


  7. #7
    I am a Forum User
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    May 2014
    More overreach. How about just controlling the criminals first then see what happens.

  8. #8
    Wow! I knew this thing was going to be bad going it, but as I am reading through it the first thing that comes to mind is the extreme broadness of who can file for this ERPO. The one that surprised me was anyone the defendant "has dated".....ever! Remember the girl you took to prom 30 years ago and never called again...Yup she can file for an ERPO against you if she remembered you exist and that you owned a gun.

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