Remember that post I made, asking journalists to please start asking cops and DAs if they’ve sought an ERPO against guys who have a history of violent behavior and/or serious mental illness? Yeah, well, here’s a great example. We have had a “red flag” law on the books for a few years now. Why wasn’t it used?!?
#redflag #ERPO #gunviolence
To my journalist friends out here: if you’re in Colorado, and someone with a gun is part of your news story, and that someone has previously been contacted by cops for dangerous behavior, mental illness, etc., please ask the responsible agency if they considered a “red flag” ERPO complaint. The local department where my ER is “just doesn’t do those”, and the line officers don’t even know that it is a tool available to them.
#journalism #lawenforcement #gunviolence #erpo #redflaglaws
New case re #ERPO from New York disagreeing with G.W. v. C.N. which found #ERPO unconstitutionally deprived due process because unlike the Mental Hygiene Law § 9.39 #ERPO does not require a determination by a doctor. https://law.justia.com/cases/new-york/other-courts/2023/2023-ny-slip-op-23099.html
You can read more on extreme risk protection orders here: https://publichealth.jhu.edu/departments/health-policy-and-management/research-and-practice/center-for-gun-violence-solutions/solutions/firearm-removal-laws
#gunviolence #ERPO