Questions Everyone Should Be Asking About Red Flag Emergency Risk Protection Gun Laws

Questions Everyone Should Be Asking About Red Flag Emergency Risk Protection ERPO Gun Laws : Rally for our Rights Colorado

If you’re not familiar with Red Flag Laws, also known as Emergency Risk Protection Orders (ERPO),  you’re not paying enough attention.  And if you know what Red Flag Laws are and support them, you’re probably also not paying enough attention.

Red Flag Laws allow an intimate partner, former intimate partner, or family member to make a report to the courts with claims that an individual is going to either hurt themselves or others with a firearm.  Within 24 hours the court hears a preponderance of evidence and issues an order to have the persons gun confiscated.

To some people, this sounds good on the surface.  I mean, who doesn’t want to save lives?  But feel good laws like these do more harm than good, and this one is no exception.  In fact, it may be one of the worst.   These laws lack due process, they grossly violate our right to keep and bear arms, and they would have a chilling effect on free speech.  Not to mention they would prevent people who truly need help from seeking it – especially those who are suicidal.

There are many questions we should be asking.  Here are some that I’ve developed after reading through the language in these proposed bills in many states.

• How can lawmakers ensure a stalker or domestic abuser is prevented from using an ERPO to disarm their victims, potentially putting those in our society who need protection the most in harms way?

• Are there safeguards in place to prevent this from being used as a form of retaliation or as a hate crime – for example being used to disarm a transgender person, a person of color, or a certain religion?

• Why is all information such as accusers, allegations, accusations, etc sealed and require a court order for release?

• Many of these ERPO’s allow the accuser to report via telephone, as well as attend the initial hearing via telephone – making these easier to obtain than a Temporary Protection Order, opening the door to rampant abuse.

• What kind of proof is required that the accuser is or has been in an intimate relationship with the accused, or is a family member?

• What kind of punishment would be in a Red Flag Bill for false accusers?

• Will requiring police to confiscate the guns of people who could be innocent, put law enforcement officers in harms way?

• When these confiscation orders are being carried out, quite likely against someone who is innocent, will that put families and children at risk?

• Why are these laws being promoted as “mental health” laws when in fact they have no mental health components?

• Because the accused who would have their firearms confiscated has not been accused of a crime, they would not be eligible for a public defender to get their firearms back, leaving the poor in our society at a disadvantage.

Do you have other questions that I have missed?  Drop them in the comments.  

Here is how these laws would work:

Step 1: A petitioner (either a current or former intimate partner, or a family member, with no proof required) makes a report via telephone or in person that you have firearms, have bought firearms, or have bought ammunition – and that they have heard you make a threat that you may harm another or yourself.

Step 2: A court hearing is scheduled within 24 hours either over the phone or in person with the petitioner to determine if an Emergency Risk Protection Order (aka Red Flag Order) should be issued.  The one most important person notably missing from this hearing is YOU.  You are not even so much as informed that this hearing is taking place.  During this hearing the judge will hear a “preponderance of evidence” from the petitioner, and only the petitioner, with the goal to convince the fact finder that there is a greater than 50% chance that the claim is true.

Step 3: An Emergency Risk Protection Order (ERPO) is issued.  The sheriff’s department will visit your home and demand you turn over your firearms, and if you refuse to comply, they will be confiscated by force (placing everyone present in a dangerous situation).  YOU will be left alone, without what may be your most important means of self defense – your firearm – because someone just had it confiscated.  It doesn’t matter if you bought that firearm to protect yourself from a stalker, an abuser, or simply to walk home from work late at night. It also doesn’t matter if the person who requested your firearms be confiscated is that same abuser or stalker.

Step 4: Then, and only then, will you be given instructions as to how to defend yourself in court and get your firearms back.

You can read more about Colorado’s 2018 version of the Red Flag Bill here.  A new bill has not yet been introduced for the 2019 legislative session, but it undoubtedly will be.

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60 YO Man Killed In Self Defense By 23 YO Woman Is Memorialized As “Gun Violence” Victim

60 YO Man Killed In Self Defense By 23 YO Woman Is Memorialized As “Gun Violence” Victim - Rally for our Rights - Bruce Jones Aubrey Bowlin

UPDATE:  On Sunday evening, December 16th, the GunMemorial website quietly removed this perpetrator from their pages after receiving so much backlash from this article.  Unfortunately, we have discovered thousands of other violent criminals who were killed in self defense on their site. We’ll be exposing some of the worst here soon.

On February 8, 2018 a young woman shot and killed her attacker during a public road rage incident.  23 year old Aubrey Bowlin, was riding her motorcycle along I-5 in Milton, Washington when an irate driver began to act recklessly.

According to witnesses, 60 year old Bruce Jones was distraught by the way Bowlin was driving her motorcycle.  He boxed her into a location she could not drive away from. Jones exited his vehicle and physically attacked the young woman who was sitting on her bike. A fight followed, initiated by the much larger man.  At one point, Bowlin head-butted Jones, who then drove Bowlin’s head into the jersey barrier before taking her to the ground.  He hit her and shook her, she described, like a dog shaking a toy in its mouth. He violently tried to rip her helmet off and was choking her with the neck strap.  She believed he was going to choke her to death. Bowlin shot Jones once in the chest when he attempted to climb on top of her.  Jones died at the scene.

No charges were filed and Bowlin was exonerated by the Pierce County Sheriff’s Department, as this was a clear case of self defense.  Bowlin was a permitted concealed pistol carrier.  She called 911 after ending the attack with her fatal shot, and waited at the scene.  She did everything right, although according to her, she still suffers from PTSD.

Seems like an open and shut case, right?  Nope.

It’s been discovered that the website gunmemorial.org, which puts up photos of people whose lives have been “lost to gun violence,” is memorializing this perpetrator as a “gun violence victim”.  In fact, 90 virtual candles have been lit for him at the time of this writing.  This is a man who nearly pummeled a 23 year old woman to death on the side of the interstate for the public to see.  And he is being held up as the victim by the anti-gun community.

60 YO Man Killed In Self Defense By 23 YO Woman Is Memorialized As “Gun Violence” Victim - Rally for our Rights - Bruce Jones Aubrey Bowlin

It begs the question of how many other of these so-called “victims” are actually perpetrators.  The anti-gun movement has adopted the term “homicide” when speaking of stats.  But did you know homicide and murder are not the same?  Homicide is all death except suicide – even justified deaths, such as those killed in self defense, as is the example here, as well as law enforcement related deaths.  Murder is a malicious act with the intent to cause death (or serious harm resulting in death).  Aubrey Bowlin could have been a murder victim, but she was not because instead she made Bruce Jones a homicide case.  See how that works?  With the ability to sway public opinion so easily by simply using a different word, it’s no wonder those who wish to to take away an individual’s right to self defense with a firearm would use the term homicide in their argument as it carries a much higher number.  A number that portrays perpetrators as victims.

It doesn’t take much digging into this Gun Memorial website to find their connection to the Gun Violence Archive – the website behind the widely spread number of 307 “mass shootings” in 2018 – a story we completely debunked after doing some serious research. (By the way, that real number is 6, not 307).  Gun Violence Archive also makes a habit out of holding up violent criminals as victims – simply by using the word homicide.

Why is it the same people who claim to support women’s rights, want to take away a woman’s right to defend herself with a firearm?  Help us get this billboard up by donating here: www.gofundme.com/gun-rights-billboards

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