Dr. Eowyn: Seattle police uses new mental-health law to confiscate gun from non-violent man


 
On March 1, 2018, Seattle’s police department became the first law enforcement agency in Washington state to confiscate a firearm under a new law known as an Extreme Risk Protection Order (ERPO) — a gun control law that permits police or family members, with a judge’s permission, to temporarily take firearms from people who may present a danger to others or themselves.
The unnamed 31-year-old man, who is suspected of being mentally ill, is described by neighbors as “intimidating” people and “staring down” customers through store-front windows with a gun holstered at his side. Tony Montana, who knows the man from his apartment complex, said, “He was roaming the hallways with a .25 caliber automatic. And it created a lot of fear obviously because I didn’t know if he was coming after me or gonna just start shooting the place up.”
Note: Washington state allows concealed carry of firearms, with permit.
Seattle police say the department received several calls about the man’s escalating behavior, including from a restaurant near the man’s home in the 2200 block of Second Avenue complaining that the man was harassing them while carrying a holstered firearm. The volume of complaints convinced Seattle police to seek an Extreme Risk Protection Order (ERPO), aka red flag law, requiring the man to surrender all his firearms.
The man refused to comply, so police returned with a warrant, arrested him at his apartment, seized a .25 caliber handgun, and are in the process of recovering several other firearms the man owned that are currently with a family member.
Sources: KOMO News; KATU2
On November 8, 2016, the Washington State legislature passed Initiative Measure No. 1491: Extreme Risk Protection Act (ERPA), which allows police to confiscate firearms from individuals deemed to be mentally ill and so are “at high risk of harming themselves or others.”
ERPA claims that individuals who pose a danger to themselves or others often exhibit signs that alert family, household members, or law enforcement to the threat. Signs that the person “may soon commit an act of violence” can include “acts or threats of violence, self-harm, or the abuse of drugs or alcohol”. Accordingly, ERPA provides “a court procedure for family, household members, and law enforcement to obtain an [extreme risk protection] order temporarily restricting a person’s access to firearms.”
After a family member or law enforcement petitions for an ERPO, the superior court of the state of Washington must order a hearing to be held not later than 14 days from the date of the order. But the court can issue an ex parte Extreme Risk Protection Order even before a hearing.
In that hearing, the individual targeted for an ERPO has the burden of proof and must prove “by a preponderance of the evidence” that he/she “does not pose a significant danger of causing personal injury to self or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm.”
During the hearing, the court will determine whether grounds for an Extreme Risk Protection Order exists by considering “any relevant evidence,” including 
  • Any act or threat of violence;
  • “dangerous mental health issues” — whatever that means;
  • “stalking”;
  • conviction for domestic violence;
  • “abuse of controlled substances or alcohol”;
  • ownership, access to, or intent to possess firearms“;
  • “unlawful or reckless use, display, or brandishing of a firearm”;
  • recent acquisition of firearms
In other words, merely owning a firearm is “evidence” to justify an Extreme Risk Protection Order that will be used to remove or confiscate the firearm.
The duration of an ERPO is one year, but the order can be renewed. For Washington state’s one-page brochure on ERPO, click here.
Five states have passed the ERPO law: Washington, Oregon, California, Indiana and Connecticut. Texas has a modified version. At the federal level, Rep. Salud Carbajal (D-Calif.) and Sen. Dianne Feinstein (D-Calif.) introduced legislation last May that would encourage states to adopt ERPO. (Washington Post)
Both Democrats and Republicans are receptive to ERPO, but not the National Rifle Association. In a statement, the NRA says the Extreme Risk Protection Order “strips the accused of their Second Amendment rights [and] would be issued by a judge based on the brief statement of the petitioner.” (Wikipedia)
See also:
~Eowyn
Please follow and like us:

6 thoughts on “Dr. Eowyn: Seattle police uses new mental-health law to confiscate gun from non-violent man”

  1. "Perplexing Apollo Questions for NASA" at

    FauxScienceSlayer website. Dr Fetzer has done excellent analysis of the photo fraud of Apollo, now there are some logistics questions for the "giant leap" team.

  2. BANG BANG…
    https://youtu.be/ETt4oW0dM1s

    Know what it is that you know that you know.

    https://www.facebook.com/groups/911TruthMovement/permalink/1541106035996952/

    Dr. Judy Wood- Left Handed Mug 11oz

    Perfect for coffee, tea and hot chocolate, this classic shape white, durable ceramic mug in the most popular size. High quality sublimation printing makes it an appreciated gift to every true hot beverage lover.

    https://characterdriven.com/1357

    Dr. Judy Wood- Women’s Racerback Tank Top

    High quality print of this slim fit tank-top will turn heads. And bystanders won’t be disappointed – the racerback cut looks good one any woman’s shoulders.
    .: Slim fit
    .: 60% Soft cotton; 40% Polyester
    .: Extra light fabric (3.9 oz/yd² (132 g/m²))
    .: Tear away label
    .: Runs smaller than usual

    https://characterdriven.com/1297

    Dr. Judy Wood- Know What You Know Women’s T-Shirt

    This lightweight shirt has a fitted and narrow cut that will highlight feminine curves. Durable print allows one to stand out in every occasion.
    .: Junior fit
    .: 100% Soft cotton (Sport Grey and Antiques contain 10% Polyester; Heathers: 65% Polyester)
    .: Light fabric (4.5 oz/yd² (153 g/m²))
    .: Tear away label
    .: Runs true to size

    https://characterdriven.com/1076

    Dr. Judy Wood- Know What You Know Men’s T-Shirt

    Comfortable and light, this premium fitted short sleeve is a classic choice. High quality print adds a statement to one’s workout or everyday routine.
    .: Premium fit
    .: 100% Soft cotton
    .: Light fabric (4.3 oz/yd² (146 g/m²))
    .: Tear away label
    .: Runs bigger than usual

    https://characterdriven.com/1163

  3. When he gets out of whatever dungeon he's in, I hope he goes after the children of whoever did him like that, sells them to get restitution.

    I wonder what a 10 year old virgin girl sells for these days.

  4. https://nypost.com/2018/03/08/tenant-allegedly-shot-landlord-in-the-head-over-30-rent-hike/
    Quote:
    “A man angered by a $30 rent increase allegedly shot his landlord in the back of the head as they discussed the proposed hike.
    Jason Tilley, 37, met the unidentified landlord at an apartment complex in Cudahy, Wisc., on March 1. The man’s body was found a day later after his wife reported to police in Greenfield that he never returned from that meeting, the Milwaukee Journal-Sentinel reports.
    An autopsy found that the landlord, whose body was found wrapped in a blanket in a garage at the complex, had been killed by a gunshot wound to the back of the head.”
    The alleged perp in this case was reportedly a convicted felon. Doesn’t Wisconsin also need such a law? If they had one, would the dead landlord be alive today?
    Don’t we need mental evaluations of every member of Congress, Supreme Court and President? Don’t all of them appear to have severe mental disabilities especially since Israel has hijacked the country?
    Winfield J. Abbe, Ph.D., Physics

Leave a Reply