Michigan Governor Gretchen Whitmer (Democrat) Signs Democratic Gun Robbery Bill SB83 on monday. The law allows family members, quacks, cops, roommates, etc. to persuade judges half-heartedly, to prevent targeted citizens from harming themselves or others in the future, and to prevent other citizens from harming themselves or others. will be able to petition to override the 2nd Amendment rights of
Whitmer Room was suggested This so-called “”Extreme Hazard Protection Order Actwould serve as a “mechanism to intervene and save lives,” but some Michigans suspect it may instead serve as a mechanism of control, disarmament and disenfranchisement.
Local sheriffs have pledged not to enforce laws they believe to be unconstitutional, suggesting that various counties are now Second Amendment sanctuaries.
What does the law contain?
Under SB 83, immediate family and relatives, health care providers, therapists, members of law enforcement, school safety officers, and others are prohibited from purchasing, using, or possessing firearms by an individual until the covered public can prove it. You can ask to be banned. They appealed to the court to restore their constitutional rights.
Complainants familiar with the targeted civilians asked in the complaint to provide as much detail as possible, including the location of the targeted firearm and “additional information to assist law enforcement officers in locating the firearm.” It is
In some cases, citizens targeted by gun grabbing will be given notice of hearings and given the opportunity to be heard at the hearings. provided, however, that the court “provides that the delay necessary to effectuate the notice will cause immediate and irreparable injury, loss, or damage, or that the notice itself induces adverse action before an extreme risk protection order is issued.” If you find convincing evidence that a gun grab order is imposed without notice or trial.
If the target has a criminal record, has abused alcohol or drugs, or has made previous threats, the petition is much more likely to be granted, although the law allows other factors to come into play. It is up to the courts to decide whether it is.
A judge has 24 hours after the petition is first filed to decide whether to grant the request.
wood tv report If the petition is granted, the judge must set a hearing within 14 days to prove that the people concerned do not pose a grave risk. Failing this, the order shall remain in effect for him for one year.
Once the gun seizure order is in effect, affected citizens cannot purchase or possess firearms, apply for concealed handgun licenses, or carry concealed handguns. In addition, citizens must turn over all firearms to law enforcement agencies or, if permitted by a court, to licensed firearms dealers.
The new law is expected to come into force in the spring of 2024.
What are you worried about?
When Democrats were first pushing gun-snatching laws in the state legislature, Great Lakes Gun Ownership Executive Director Brenden Boudreau said: Said“A red flag gun confiscation order allows an old roommate, ex-spouse, ex-girlfriend, or ex-boyfriend to apply for an order against someone with little evidence to disenfranchise someone without due process. becomes possible.”
NRA was suggested The law “regrades the Second Amendment to a second-class right and lacks adequate due process protections,” it argued.
Associated Press shown Some local sheriffs have vowed not to enforce this particular law, he said. Livingston County Sheriff Michael Murphy is one of them.
Murphy suggested in an April 24 article: video statement He said the new law would be redundant as long as “we already have a mechanism in place in case someone needs protection. We already have a mechanism in place for people to take weapons out of their homes.”
“Just pick up the gun,” Murphy said.
Murphy also noted that the statute’s reasoning is flawed.
For example, if citizens covered by the ERPO have family members living with them, such as elderly parents, or if they have access to family housing, citizens not covered by the order may also be affected. After all, the seizure or surrender of targeted civilians’ guns extends to firearms that they do not own but are available to them.
“We are not only taking away the property of individuals covered by the ERPO, but they are demonstrating that we need to own property that does not even belong to that individual,” Murphy said. “I don’t know how that makes any sense.”
Mr. Murphy also caught the wording of the statute’s proposal that judges should only be swayed by the “predominance” of the evidence brought against the subject public.
“The threshold is ‘predominance of the evidence.’ In legal terms, this means 51%. Not a probable cause. Beyond a reasonable doubt. Not a higher standard. Predominance of the evidence.” I mean, 51%, if the judge believes the petitioner, the next thing is: I know, the ERPO has been sent,” Murphy said.
Livingston County Sheriff felt stressed “I’m not going to force you to do anything that violates the Constitution,” he told The Livingstone Daily.
“Regarding 2A and other constitutional issues, I do not intend to endorse, enforce or investigate anything that is unconstitutional,” he added. “I am a constitutional sheriff and I will not do anything to jeopardize that, and if, God forbid, red flag laws are passed, we will enforce them.” I’m not going to do an investigation.”
Van Buren County Sheriff Daniel Abbott agrees. report Los Angeles Times.
“At the end of the day, the sheriff’s greatest responsibility is to protect the Constitution,” Abbott said.
In April, the Michigan Attorney General’s Office said, “All sheriffs in the state are duly elected law enforcement agencies within their communities, elected by the voters of their counties. In my role, I have discretion over: What laws will you enforce, and which laws will you choose not to enforce, with the resources available to your department? ”
But following the ratification of the gun-robbery bill, Michigan Attorney General Dana Nessel said: Said“Let me make this very loud and clear to those in law enforcement who refuse to enforce these important orders. find.”
Nessel and Whitmer have more than just staunch conservatives in the sheriff’s office to contend with.
dutch sentinel report Last month, county commissions in more than 50 of Michigan’s 83 counties passed resolutions declaring them Second Amendment “sanctuary” counties or reaffirming their support for constitutional rights.
WOOD reported that the Michigan Democratic Party, which controls all levels of state government, intends to further curtail Second Amendment rights.
