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  1. #1
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    Bill allowing judges to take guns away in dire situations advances

    Bill allowing judges to take guns away in dire situations advances

    Diane Dietz
    Statesman Journal
    July 3rd. 2017

    A bipartisan bill that would allow a judge to take away an Oregonian’s guns in extreme circumstances moved one step closer to passage Monday in the House Rules Committee.

    Senate Bill 719 would create an extreme risk protection order based on clear and convincing evidence that the owner, or possessor of the weapons, is an imminent danger of hurting him or herself or another person.

    National Rifle Association lobbyist Roger Beyer appeared before the committee Monday to speak in opposition to the bill, saying the bill would violate second-amendment rights.

    “While this is a well-intentioned piece of legislation, it’s a minefield of potential abuse,” said Beyer, who was a member of the Legislature from 1997 to 2007.

    Lobbyist Niki Terzieff spoke for Americans for Responsible Solutions, a national gun control group founded by former Congresswoman Gabby Giffords and her husband U.S. Navy Capt. Mark Kelly after the Sandy Hook Elementary School shooting. Giffords had been grievously wounded in a shooting at an Arizona shopping center the previous year.

    The group is working to pass similar protection orders across the country.

  2. #2
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    it might be well-intentioned, depending on who is behind it. but yeah, YUGE potential for abuse.
    This would definitely need some kind of teeth behind it, like a 24-48hr only order, requirement for some kind of trial within that time, and personal penalties for officials that block a speedy trial
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

  3. #3
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    Punish the law abiding masses for the crimes of a few. No thanks not in my America.

  4. #4
    Oh, you mean like the rampant Personal Pretection Order (PPO) abuse throughout the state of Michigan? Funny, I don't see many people up in arms around here over the unconstitutional shenanigans that goes on around here on a daily basis.

  5. #5
    Quote Originally Posted by counterpoint View Post
    Oh, you mean like the rampant Personal Pretection Order (PPO) abuse throughout the state of Michigan? Funny, I don't see many people up in arms around here over the unconstitutional shenanigans that goes on around here on a daily basis.
    Exactly, Michigan is one of the worst states on due process/PPO's and firearms. We are by far one of the worst states on this.

  6. #6
    Legal Forum Contributor / Super Moderator SteveS's Avatar
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    Quote Originally Posted by counterpoint View Post
    Oh, you mean like the rampant Personal Pretection Order (PPO) abuse throughout the state of Michigan? Funny, I don't see many people up in arms around here over the unconstitutional shenanigans that goes on around here on a daily basis.
    You don't? Almost every time the subjects comes up, many people point out the abuses that go along with PPOs. Some even have first hand experience with them.
    Opinions and comments made by me on this forum should not be considered legal advice.

  7. #7
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    Representative Wittenberg has introduced HB 4706 and HB 4707 to create the same 'Extreme Risk Protection Orders' in Michigan:

    http://housedems.com/article/rep-wit...otect-michigan

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

    Currently, four states have this type of a law in place. Connecticut and Indiana have longstanding laws that allow law enforcement to petition the courts to temporarily remove an individual’s access to firearms. California passed its law, known as both the Gun Violence Restraining Order and Firearms Restraining Order, in 2014. The state of Washington passed similar legislation through a statewide ballot initiative with overwhelming support in November 2016. A study by Jeffrey Swanson, a psychiatry professor at Duke University’s School of Medicine, and nine other researchers, found that in Connecticut, similar policies for high-risk people contributed to the prevention of up to 100 suicides.

    “We must step up our efforts to protect our communities from this kind of violence,” Wittenberg said. “This is a sensible proposal that tries to prevent unnecessary tragedies and protect citizens without trampling on our Second Amendment rights.”

    Wittenberg added that a law such as the one he is proposing may also help prevent workplace violence, domestic violence, suicides and other shooting deaths. Developing practical, effective and legally sustainable policies to separate firearms from people at risk of violence or suicide represents an important, but challenging public health opportunity for gun violence prevention in the United States.
    Wittenberg has been touting ERPO legislation since the beginning of the year.

    SB719 just passed in Oregon due to a lot of legislative chicanery by Republicans. It is not beyond the realm that the same trickery could be employed here in Michigan.
    Last edited by 10x25mm; 07-10-2017 at 02:23 PM. Reason: Add a link on Wittenberg's effort to pass ERPO's

  8. #8
    I just don't think its being discussed enough but most people don't put too much effort into something until they're affected themselves. If this ERPO legislation passes here I wouldn't be surprised at all. I have faith some of the Michigan supreme court justices would strike it down if it gets here but I'm not sure about the rest. The prevailing attitude here seems like you are entitled to your guns... as long as no one objects. More and more people are waking up, though. I saw a couple trucks recently with "infowars" written on the back of one and a list of MSM outlets and "Fake News" on the back of another.




    Its more troubling when your state violates the 2nd Amendment and the SCOTUS won't take up the case.
    Last edited by counterpoint; 07-10-2017 at 12:03 PM.

  9. #9
    MGO Member Roundballer's Avatar
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    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.
    We need to get those two posted up in the Legislative Lighthouse so that we can track the outcome and get letters written.


    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.

  10. #10
    In Memoriam mikeb32's Avatar
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    Quote Originally Posted by Roundballer View Post
    We need to get those two posted up in the Legislative Lighthouse so that we can track the outcome and get letters written.
    We need to have someone step up to replace "Tallbear" to keep the Legislative Lighthouse current!!
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