[tomder55]

The Justice Department launched the National Extreme Risk Protection Order (ERPO) Resource Center (the Center) which will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others.
“The launch of the National Extreme Risk Protection Order Resource Center will provide our partners across the country with valuable resources to keep firearms out of the hands of individuals who pose a threat to themselves or others,” said Attorney General Merrick B. Garland. “The establishment of the Center is the latest example of the Justice Department’s work to use every tool provided by the landmark Bipartisan Safer Communities Act to protect communities from gun violence.”
ERPO laws, which are modeled off domestic violence protection orders, create a civil process allowing law enforcement, family members (in most states), and medical professionals or other groups (in some states) to petition a court to temporarily prohibit someone at risk of harming themselves or others from purchasing and possessing firearms for the duration of the order.

Office of Public Affairs | Justice Department Launches the National Extreme Risk Protection Order Resource Center | United States Department of Justice

This expansion of the administrative state came hours after the passing of the Ominibus budget bill. What it does is greatly expand the circumstances where governments can use "red flag" to restrict guns.

On the NY ERPO form ;just the purchase of a firearm can trigger a red flag . The seizing of guns in the state has "skyrocketed "

New York’s use of ‘red-flag’ laws to seize guns has skyrocketed - The Washington Post

NY was one of 19 states that had expanded red flag laws .

There are many civil liberties violated in the NY law

The “red flag law” is a Civil Order effectively circumventing the Right to Counsel under the Sixth Amendment of the United States Constitution. There are Fourth Amendment concerns as well, because it alters the burdens required for a lawful search and seizure that exist in a criminal proceeding under the CPL. The respondent (and potential future criminal defendant) is not represented by counsel during the ex-parte proceeding even though the result of the issuance of the TERPO may be search warrants. Further, the law requires a respondent to sign a receipt for guns surrendered and/or anything recovered during a search admitting possession thereof, whether or not the items are lawfully possessed. For example, if an illegal gun is recovered pursuant to a search authorized pursuant to a TERPO, the unrepresented person is required to sign a receipt for the item but not advised as to the implications of doing so or of his or her constitutional right to remain silent. The respondent will then be prosecuted in criminal court for the unlawful possession of a firearm, which may be a misdemeanor or felony charge, both of which carry with them the potential for terms of incarceration.Since this ex parte application can be made by law enforcement or lay people and the supporting deposition can be based on uncorroborated double or even triple hearsay,7it bypasses the Criminal Procedure Law’s standard of proof required for a search warrant under CPL § 690, thereby eviscerating the established standard of proof required for the admissibility of evidence in a criminal case. Further, upon the issuance of a final extreme risk protection order, CPLR 6343(3)(d) provides that:[a]s part of the order, the court may alsodirect a police officer to search for firearms,rifles and shotguns in a respondent’s possession consistent with the procedures ofarticle six hundred ninety of the criminalprocedure law.The language of CPLR 6343 permits a search to be ordered by the judge without a warrant issued pursuant to CPL § 690. The use of the word “may” in this section of Article 63-A merely permits the authorization of a search warrant that comports with the procedures of Article 690 of CPL but does not require it.The search as it is authorized under CPLR 6342 provides no parameters as to the time frame in which the search may be executed. It does not limit the number of times searches may be conducted. Although the statute provides for an order that must be issued by the court, there are no additional directives in the black letter law that require the TERPO to set forth parameters for the execution of a search in the statute. It flouts the standard set out in the Criminal Procedure Law’s for a search warrant and the myriad case law that has been developed protecting individual’s Fourth Amendment Rights.8Upon issuance of this Temporary Order, the unrepresented respondent is required to voluntarily surrender all of his firearms. Even upon this surrender, law enforcement is authorized to conduct a search of the respondent’s person and home upon (any) reason to believe an enumerated listed weapon is still in the respondent’s possession. CPLR 6342 states that the temporary order itself must include a form to be completed and executed by the unrepresented responded which must list all the “firearms, rifles and shotguns possessed by him or her and their particular locations.”9 As noted above, requiring a respondent to sign a receipt for items either surrendered or recovered violates a person’s right to self-incrimination in that if the weapons surrendered or recovered are illegally possessed, the respondent will be prosecuted criminally. See, U.S. Const. Amend. V

Wallach-reprint-Red-Flag-Law-NY-Criminal-Law-NewsFall2020.pdf (nysba.org)


And now the dipsh*ts in Congress has given it a national mandate ;one that Clueless Joe and his enforcer AG Garland are more than happy to implement .


Rep Tom Massie complained on X that this is not what they authorized .
Thomas Massie on X: "What the hell is this evil? A Federal Red Flag center; We did not authorize this. Announced, of course, just hours after the omnibus passes." / X (twitter.com)

That comes from signing on to thousand page legislations that you don't bother to read !!!!!!!!


If this made it past your keen eyes what other goodies got slipped into the bill ?

Couple this mandate with the governments expanded definition of what they consider to be domestic terrorists and see where it leads.

[tomder55]

Meanwhile horrific crime in NYC is on a roll.

In recent days a cop and father was gunned down during a routine traffic stop by a career criminal

Guy Rivera, man who killed NYPD cop, had 20+ prior arrests: Mayor Adams (fox5ny.com)

And in the subway ;where you are not allowed to defend yourself or fellow strap hangers ; a commuter was killed when shoved in front of a moving train by one of the subway marauders .

Commuter killed after being pushed in front of moving NYC subway train in unprovoked attack (nypost.com)

[jlisenbe]

Those criminals better be careful. They could end up in front of a NYC judge who will incarcerate them for several days before releasing them with no bail. That'll teach the little hooligans!!