The proposed red flag for North Carolina, HB 454, includes in its definition of "family or household member" as someone you are dating. Thus, someone you go out with on a blind date would be eligible to seek an "Extreme Risk Protection Order" which would order the police to take all your firearms. They could do this electronically, with no court costs, and, if they possessed a valid "Address Confidentiality Program" authorization card, could keep their address secret.
Do we really need the modern day equivalent of the Star Chamber?
I say no and so does Grass Roots North Carolina which issued the following alert:
GO ON A DATE, LOSE YOUR GUNS
Like everyone else, Gun Owners have the Constitutional right to due process and the presumption of innocence. House Bill 454 would change all of that, allowing anyone in an ever-expanding circle of people, including a ‘dating partner,’ to decide you are ‘imminently dangerous’ and direct the authorities to confiscate your guns.
H454 doesn't define ‘dating partner,’ ‘imminent’ or what makes someone a 'danger to themselves or others’. But keep in mind that those who would deny your Second Amendment rights often consider any gun owner to be ‘dangerous,' and they would be able to force the confiscation of your guns without your foreknowledge (through an ex parte hearing).
So let’s say you go on a casual outing with someone who knows you have guns, and they decide to "report" you, for revenge, out of spite or whatever (due to unrequited interest, for example). They can honestly claim to be a ‘dating partner,’ a term entirely undefined by H454, and have your property confiscated at the point of a gun.
On top of all of this, the authorities can charge you a storage fee for keeping your guns and ammunition. They take your guns against your will and in violation of your rights, and you get to pay for the privilege! Nothing in the proposed law would stop the authorities from test firing your guns for a ballistics database to see if they were used in a crime, or doing anything else with them for that matter. While you may have to undergo a ‘mental health' or 'chemical dependency' evaluation to keep what you already own, your accuser has the option of staying anonymous under the ‘Address Confidentiality Program’. How nice for the accuser who will never have to confront you in court, in blatant violation of the 6th Amendment.
Laws already exist for Involuntary Civil Commitment, and these provide due process, but apparently, these aren’t good enough for the gun grabbers. In addition to being unconstitutional, clearly this new form of government overreach isn’t effective, as research shows that these new laws do not work as advertised.
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- EMAIL BOTH PARTY'S LEADERS IN THE GENERAL ASSEMBLY: Below, find the copy/paste contact information you need to tell the party leadership that this unconstitutional gun control bill must not receive a hearing. Use the copy/paste text provided under the ‘Deliver This Message’ section.
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NC General Assembly Leadership copy/paste email list:Tim.Moore@ncleg.net; Sarah.Stevens@ncleg.net; John.Bell@ncleg.net; Jon.Hardister@ncleg.net; Darren.Jackson@ncleg.net; Cynthia.Ball@ncleg.net; Deb.Butler@ncleg.net; Carla.Cunningham@ncleg.net; Garland.Pierce@ncleg.net; Amos.Quick@ncleg.net; Phil.Berger@ncleg.net; Harry.Brown@ncleg.net; Dan.Blue@ncleg.net; Jay.Chaudhuri@ncleg.net; Rick.Gunn@ncleg.net; Jerry.Tillman@ncleg.net; Ted.Davis@ncleg.net; David.Lewis@ncleg.net
DELIVER THIS MESSAGE
Suggested Subject: “Stop H454, the Gun Confiscation Bill“
Dear Republican Leader:
I am writing today because I am outraged over H454's attempted erosion of Constitutional liberties, in particular, the right to due process. With just the word of a ‘dating partner’ (an undefined term), someone’s firearms can be forcibly confiscated by law enforcement. This confiscation would be based on ‘dangerous behavior,’ another term that the bill doesn't define.
Those who are hostile to the Second Amendment often (and absurdly) consider gun owners dangerous by their mere existence. Considering that, and the fact that anyone, out of spite or revenge, would be able to have a citizen's guns forcibly taken from him or her, these constitutionally abhorrent orders will, in essence, legally codify the practice of ‘SWAT-ing’ anyone who owns or is believed to own a gun.
For these reasons, I’m insisting that you take whatever legislative steps necessary to halt this freedom denying measure.
Do the right thing: use your position to take active steps to make sure this ominous gun control bill will never have a hearing, and never receive a vote. I will be closely monitoring your actions regarding this gun control bill through alerts from Grass Roots North Carolina.
I think Black Rifle Coffee has captured the type of "dating partner" who might file for a ERPO if they knew you possessed a firearm in the video below. Yes, it is a spoof but the reality is that there are men and women like that out in society.