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Now that I have read the entire bill, I believe that this legislation is nothing more than an all-out assault on the Second Amendment via the elimination of due process. Single women date for free! Check out our picks for some of the best parts of Detroit's art scene art lovers everywhere should experience.
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Even better when it's a family-run place where Celtic music and conviviality are on the menu along with the pints of Guinness. Our goal is to train women this year! Watch the show live on the internet at address: Posted by Rick Ector at Our Next Media Appearance: On this upcoming Wednesday afternoon at 1: Listen live on either the radio at frequency Posted by Rick Ector at 8: Friday, March 9, Rick Ector: The biggest issue that I had previously discussed, in other articles about Extreme Risk Protection Orders , is the absence of Due Process protections.
I believe that this proposed law HB makes it too easy for unfairly accused citizens to be unjustifiably deprived of their right to own, possess, and carry a firearm. Secret court proceedings in which citizens can be deprived of their Constitutional rights without notice or a hearing is what happens under dictatorships in the Third World. It has no place in America, especially in the state of Michigan.
In this brief article I wanted to focus on the consequences of being subjected to an Extreme Risk Protection Order, if it became law. If we assumed that Michigan State Rep. Robert Wittenberg had the best of intentions when he appeared on the "Let It Rip" TV show on Fox 2 Detroit a couple of weeks ago to discuss his bill, a quick reading of his 12 page monstrosity would prove otherwise.
The provisions in his proposed law read like the musings and wishes of a local gun control group founder. Despite the over-reaching provisions of Wittenberg's bill as originally submitted, it can be fixed if he wants to truly focus on helping people who genuinely need it instead of trying to take everybody's firearm in a massive gun grab. Key Issues Need to be Addressed. To begin, under Wittenberg's proposed legislation, a court may issue an Extreme Risk Protection Order without written or oral notice to a proposed restrainee if the court determines that irreparable injury may result from a delay.
There is no place for secret court proceedings in America. Every citizen is entitled to his day in court to defend himself against any and all charges, especially those that could result in the loss of a Constitutionally recognized right. Due Process must be afforded to any person accused of a crime or of any behavior that suggests that he should be deprived of a right because he is a threat to himself or other people.
Moreover, the accused is entitled to legal representation. If he can't afford an attorney, one skilled and experienced in the field of firearm law shall be provided by the Court. If allegations do not result in the issuance of an Extreme Risk Protection Order, the person whose testimony initiated this court proceeding will be responsible for the defendant's legal fees, court costs, personal expenses incidental to his defense, and lost wages, if any.
The following list of characteristics do not automatically constitute behavior indicative of a threat: Consequences of an Extreme Risk Protection Order.
The biggest consequence of being a "Restrained Person" is not being able to purchase or possess a firearm. Violators will be subject to an immediate arrest and the civil and criminal contempt powers of the court.
This provision was lifted from Wittenberg's bill without alteration. All firearms that are either owned by the restrained person or found to be in the possession of a restrained person, regardless of whether the restrained person actually owns them, will be seized. This provision in Wittenburg's bill should be modified to allow any person - with no firearm disabilities - designated by the restrained person to take possession of the firearms for safekeeping.
Seized firearms, owned by the restrained person, will be kept by law enforcement until either the order expires or the firearm's ownership has been transferred to a firearm dealer. In my view, no provision has been specified for the seized firearms to be transferred to a friend or family member able to lawfully possess the firearm.
This provision should be modified to expand others who could take possession of a restrained person's firearms.
If a seized firearm from the possession of a restrained person belongs to another person, the owner of that firearm will need to present proof of ownership to the Court. If sufficient proof is given, the Court must return the firearm to the owner. This provision is too limiting. A true owner of a firearm need not go before a judge to retrieve his property.
Sufficient proof of ownership should be sufficient to retrieve his firearm from the seizing agency. Acceptable examples that show proof of ownership should be listed in the proposed law.
The expiration date of an Extreme Risk Protection Order is up to one year in duration from the date of issuance. However, the court may decide to extend the Extreme Risk Protection Order, if it determines that the restrained person is still a threat to himself or another person. The restrained person shall be provided with legal representation who is skilled and experienced in firearm law.
One last issue that I feel is in need of alteration is the long laundry list of people who can initiate an Extreme Risk Protection Order is way too long. First, strike all law enforcement categories from that list. Second, delete any "intimate" partner and friend who has not had direct contact with the subject in the last year. Lastly, it can be trimmed even further by striking first cousins off the list. This writing was my first pass at cleaning up Wittenberg's proposed bill.
I am cognizant that there may be people with guns who may be a threat to themselves and others. I do not believe that there are that many people in society who have guns and are a potential menace. In addition, there is no guarantee that it will be known if a so-called dangerous person actually owns a gun. In short, this bill may be worthless. However, I wanted to at least off up an alternative.
I believe I can do better than that "mess" Wittenburg threw together. However, for those isolated cases in which a known and genuinely troubled person is armed, an acceptable and tolerable bill could actually be a good thing if it focuses on bona fide threats instead of being an all-out gun grab.
I believe that more could be done to enhance public safety if we eliminated gun-free zones and allowed employees in our schools with CPLs to carry guns at work. Wednesday, March 7, Rick Ector: Who is responsible for your safety? I can confidently tell you that it is not the government's job. The Supreme Court has made that clear. The government can arrive to the scene of a crime, while a violent crime is happening or is about to happen, and listen to you plead for your life and then die. It is not their fault that you died before somebody decided to act on your behalf.
Your safety is your job regardless of whether you are willing to do the job. Some people choose n ot to accept that responsibility. They will rely on someone else to do that job, if they get there in time and they choose to act. This path is traveled by those who see themselves as too civilized to fight for their lives. Let someone else do that job, if possible, or just die.
Some people accept the responsibility of defending themselves and their families. However, since they respect the rights of people who would rather die than own a gun, they must listen for the constant calls for their disarmament.
The folks who hate guns want others to be just like them and wait for someone - not there - to get there and save everybody when you are quire willing and able to save yourself. How selfish is one to demand that since their own life is not worth defending that your life must also be expendable because of their beliefs?
As a gun owner, I agree with your right not to own a gun. I agree with your right not to defend your own life. I agree with your right to wait for the police who may not get there or who may get there in time but then decide to listen to die while while you are being killed. Selfish is definitely the word.
Since your life is not worth defending then neither is the life of anyone else worth defending. If this state of affairs seems bad enough, they now want the ability to take away any person's gun in a secret meeting without that person being present.
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On this upcoming Wednesday afternoon at 1: All firearms that are either owned by the restrained person or found to be in the possession of a restrained person, regardless of whether the restrained person actually owns them, will be seized. Fox2 contacted me for my opinion.
Our site contains a wealth of information about the State of Michigan's activities related to the prevention, control and surveillance of three major public health concerns:
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