Red Flag seizure megathread

mikeyp

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Someone mentioned in a thread of mine we should have a megathread, so starting one now.


New Jersey Man’s Guns Seized After Doctor Files “Red Flag” Petition

A New Jersey man’s simmering dispute with one of his former doctors has led to a “red flag” firearms confiscation order and the seizure of several firearms, after the physician told authorities he felt threatened by some of the man’s comments.
The Asbury Park Press reports a hearing was held Thursday to determine whether or not Alfred Conti should have his guns returned to him, or whether he’ll be subjected to a final order that could bar him from gun ownership for an indefinite period of time.

James Maggs, a Wall-based attorney for Dr. Matthew Kaufman and The Plastic Surgery Center in Shrewsbury, told state Superior Court Judge Paul X. Escandon Thursday that he received an increasingly agitated phone call from Alfred Conti, telling him he knew where they lived.
“It started out the first few seconds a normal call then quickly he became agitated,” Maggs said. “His overall demeanor I felt became threatening and I became alarmed.”…
Conti, 56, of Middletown, has said Kaufman performed surgery on his neck, but he remained in pain. Eventually, he was dismissed from the practice because, Maggs said, he became aggressive with the staff.
Conti went online to write negative reviews about the doctor. Kaufman and the Plastic Surgery Center sued him for defamation in July.
According to Maggs, Conti continued to call him and ask if the doctor could do anything about the pain that he was in even after the defamation suit was filed. Conti was apparently unaware that after the first call, Maggs decided to take action.
Maggs recorded the second call, which was played in court Thursday. In it, Conti used expletives and threatened to bring the police and media with him to force Kaufman to see him. He also said he knew where Maggs and Kaufman lived.
Maggs said he was worried; he had seen posts from Conti’s Facebook page that included references to guns.
Maggs and Kaufman called the police, who drove to Conti’s home and took his firearms under the state’s red-flag law.
Conti, meanwhile, maintains that he never threatened anyone, and even Maggs had to reluctantly admit that he had heard no direct threat from the man.
“He was very cooperative in assisting us and his conversation with us,” said Dan Campanella, a patrol officer with the Rumson Police Department, said at the hearing. “As far as (discussing) what had occurred, he maintained he never threatened anybody and has rightful grievances with both parties.”
Jason Seidman, Conti’s lawyer, asked Maggs if his client directly told him he was going to inflict violence.
Maggs said no. But after Conti mentioned he knew where he and Kaufman lived, “that, to me, was something that made me very alarmed,” Maggs said
Maggs might have been alarmed, but it sounds like there’s no evidence that Conti is a danger to himself or others. Still, the judge hearing this case didn’t issue a final ruling, but instead scheduled another hearing for early December.Unlike other states with red flag laws on the books, New Jersey’s law doesn’t automatically expire after a specific period of time, which means if the judge approves the order, Conti will be permanently barred from legally owning firearms unlessor until the judge decides at a future point in time that the red flag order can be lifted.
Cases like this demonstrate the dangers of red flag firearms seizure laws. Here’s a man in a dispute with his doctor over what he believes was a botched surgery, who has made no threats against anyone, but who still may lose his right to keep and bear arms along with his good health. It doesn’t appear that Conti’s had any trouble with the law, and even now hasn’t been charged with a crime, much less convicted of anything. Still, one dumb comment about knowing where the doctor and his attorney live may cause him to lose his Second Amendment rights for the rest of his life.
This case should serve as a reminder about how dangerous these red flag laws are to individual liberty, and how ripe for abuse they are in a state that already views gun ownership as a privilege, not a right.
 
My personal favorite ERPO...


Yup - the Vermont uncle.
 

Less biased than most NYT articles on guns, but still written to suggest judges, in preserving due process or evidence requirements, may be failing to take guns from potential killers. While there *are* data showing Red Flag/ERPO seizures reduce suicides by firearms they also show an increase in overall suicides by all means. Yet the NYT author only suggests judges are letting potential mass killers go by rarely denying or reversing a RF/ERPO gun seizure.

The author neglects to reference states with a very high ERPO issuance and studies finding RF/ERPOs have little to no, if not negative effects. Do Red Flag Laws Save Lives? by John R. Lott, Carlisle E. Moody :: SSRN

The comment section is mixed but the gun-grabbers are present in full force (it's NYT) with one gem suggesting that exercise of 1st Amendment freedom of speech might have a cost, such as 6-12mo probation where the subject shows self-restraint of speech. Yeah - we didn't deny freedom of speech, we just let them chose between keeping their guns or speech we don't want to hear.
 
Although if he shot at his friend's car, I'd think there would be other charges not a red flag confiscation?

First person charged under Florida 'red flag' law found guilty


The first person to have his guns confiscated under Florida’s 2018 “red flag” law has been found guilty over his refusal to voluntarily surrender the weapons.

Jerron Smith, 33, now faces up to five years in prison after a jury in Broward County rejected his argument that he did not fully understand the new law. The jury returned the verdict Friday after a short trial.

Smith, of Deerfield Beach, was the subject of a risk protection order soon after the law was enacted in response to the Parkland high school mass shooting in February 2018.

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Jerron Smih, 31, of Deerfield Beach, Fla., had his AR-15 semiautomatic weapon confiscated, becoming the first person to have his guns seized under Florida's 2018 "red flag" law.. (Broward County Sheriff's Office)

Smith owned an AR-15 rifle and a .22-caliber rifle which Broward deputies seized after his arrest in March 2018 on charges of firing six shots at a vehicle being driven by his best friend, according to reports.

Smith is facing trial on an attempted murder charge in connection with that incident. He was accused of firing at his friend with a Glock handgun that deputies also took, according to reports.

Florida’s "red flag" law allows authorities to obtain a court order to confiscate weapons from people who pose a danger to themselves and others. Florida is one of 15 states with such laws.

At the time Smith's guns were seized, a local TV station, citing a neighbor, reported that Smith was an Army veteran.

“He spent a lot of money for his weaponry,” the neighbor, Lorenzo Brown, told WPLG-TV. “It’s crazy. You just got to live around here to know what’s going on.”

A sentencing date has not been set.

The Florida Sun-Sentinel reported that the jury returned a verdict after less than an hour of deliberations.
 
I can't view this as a pure red flag case.
Even if the red flag laws didn't exist, that guy wasn't keeping his stuff after shooting up someone's car.

Yeah how does that even register on the red flag meter? You shoot at someone's car I'd assume it's probably more than a few charges(you know, the throw the shit at the wall method) but red flag wouldn't be one of them
 
Yeah how does that even register on the red flag meter? You shoot at someone's car I'd assume it's probably more than a few charges(you know, the throw the shit at the wall method) but red flag wouldn't be one of them

Yeah, this seems more like a case of attempted murder and the guns get seized because he's a shitbag....
 
This is just some bullshit “See lookit! Red Flag ERPO really works!” Attention grabbing headline that provides zero actual credibility. Anyone with half a brain cell knows Bubba’s guns gonna be yanked without the need of any stupid abusive law...
 
This is just some bullshit “See lookit! Red Flag ERPO really works!” Attention grabbing headline that provides zero actual credibility. Anyone with half a brain cell knows Bubba’s guns gonna be yanked without the need of any stupid abusive law...
Exactly - some left-leaning LE official just south of Boca in Broward County was looking to score points on the promotion-meter. They'll be Red Flagging bank robbers and car jackers next...
 
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Came across this today.

To date, there have been 29 extreme risk petitions filed under the law.

Most involved white men but other details — such as names, addresses, the type and amount of weapons seized, and the circumstances — were not disclosed.

Supporters of the red-flag law say the law is working as intended.

We have absolutely no other info but we can tell you for sure that OF F*CKING COURSE, "most involved white men" but we knew that already amirite guise? [angry2]

 

Nearly 200 people in New Jersey have had their guns seized under a “red flag” law that went effect last year, according to data obtained by NJ Advance Media.

The Extreme Risk Protective Order Act, which went into effect Sept. 1, allows a law enforcement officer, family or household member to submit a petition to state Superior Court showing why a judge should issue an order to keep guns away from someone who potentially poses a danger of causing bodily injury to themselves or to others.

If the judge determines there is “good cause” to remove the guns, the judge will initially issue a temporary extreme risk protection order and a search warrant is executed to recover the guns, ammunition and firearms identification card from the person.

So far, 186 temporary extreme risk protective orders have been granted as of Jan. 22, according to the New Jersey Administrative Office of the Courts, meaning more than one person a day has had their guns taken away — at least temporarily — in New Jersey since the law went into effect. In 25 cases, a petition was made but the temporary order was denied by a judge, according to court data.

After a temporary order is granted and the firearms are seized, the individual is entitled to a hearing within 10 days in front of the judge before a final order is issued.

If a final order is granted by a judge, it lasts indefinitely, but the person can also seek to have the order terminated at any time after the order goes into effect.

There have been a total of 88 final orders granted since the law went into effect, according to the Administrative Office of the Courts. Judges have denied 29 final orders, according to the courts.

It is unclear how many total firearms have been seized from individuals under the law.

There are an estimated 1 million gun owners across the state.

Gun rights advocates cite the Extreme Risk Protective Order Act as another invasive gun control measure enacted in New Jersey.

“Red flag is travesty for anyone who values Constitutional rights," said Scott Bach, the executive director of the Association of New Jersey Rifle & Pistol Clubs. "It’s abuse of process. It is being used to harass gun owners.”

Bach said the rate at which people are having their guns seized under the law is about what the organization expected.

Petitions can be made based off online threats or erratic behavior by a person, among other reasons. State Assembly Majority Leader Lou Greenwald, D-Camden — a main sponsor of the law — told NJ Advance Media when the law went into effect that it was "really based around a mental health concern.”

“In a lot of cases, you’ll hear that a family member will say their child was struggling with depression or suicidal tendencies,” Greenwald said at the time. “They can now ask a judge to intercede and remove the gun until that individual can be tested and be determined to be safe to themselves and others.”

Similar measures, often described as “red flag” flags, have been enacted in more than a dozen states. The law has been used to to disarm people who threatened mass shootings in more than 20 incidences, according to Giffords Law Center, a gun control policy organization.

The law is at the center of a proposed class action federal lawsuit filed by a South Jersey man who had his firearm seized by authorities after he had “threatened, advocated and celebrated the killing of Jewish people” on an online forum.

David Greco filed the lawsuit in October, alleging his due process rights, along with other gun owners in New Jersey, had been violated, as they are not given a chance to be heard in court before a temporary order is issued and police confiscate the firearms.

“Why can’t you give people the opportunity to know what is going on? To give them the opportunity to be heard?" Greco’s attorney, Albert Rescinio, said in November. "You are being deprived of your constitutional rights without a hearing, without being given the opportunity to know what is going on.”

The lawsuit also challenges whether there is legal authority to execute a search warrant after a temporary extreme risk protection order is issued. After it is issued, the law says “the court shall issue a search warrant.”

But the lawsuit alleges that because the order is contingent on “good cause” and not the legal standard of “probable cause," executing a search warrant is unconstitutional.

Rescinio said the number of individuals who could join the proposed class action lawsuit is “growing.”

“I cannot very well sit by silently while the State of New Jersey knowingly continues to violate the clearly established Federal rights of citizens and potential Class Members,” Rescinio wrote in a recent court filing.

Rescinio has filed a motion for a preliminary injunction throughout the state stopping the implementation of the law as it currently written. The motion is pending a federal judge’s ruling.

Bach said “when the time is right,” his organization plans to file a lawsuit challenging the law as well.

The New Jersey Attorney General’s office, who is tasked with implementing and enforcing the law, declined to comment on the pending lawsuit or the effectiveness of the law since it went into effect.
 
Who cares about that due process thing, so passé.

If someone gets falsely red flagged, and they have 'non-compliant' firearms confiscated, what happens? Would they be charged with new crimes or is that fruit of the poisonous tree?
 
What happens if multiple people in the Home have a license to carry or own arms? If you are red flagged does everyone in that household loose their second amendment rights?
 
What happens if multiple people in the Home have a license to carry or own arms? If you are red flagged does everyone in that household loose their second amendment rights?

If they can justify seizing guns from a relative who the subject does not even live with I think your question is a no brainer...
 

TAMPA, Fla. - In South Florida, law enforcement took more than two dozen calls warning about the Parkland shooter in the months, weeks, and days before he opened fire at Marjory Stoneman Douglas High School.

The massacre helped drive reforms in state government, including red flag laws intended to remove guns from dangerous people deemed to pose a threat to themselves or others.

Other states have passed similar laws, while the U.S. Congress considers red flag legislation on a federal level.

"Without red flag laws you cannot remove guns from someone unless you adjudicate them incompetent or until they commit a crime and can’t pass a background check and red flag laws help us get ahead of it,” said U.S. Senator Marco Rubio. "You have to go to court. This is not just willy-nilly. A lot of people are concerned about that. There is due process. There is strong due process.”

But critics say there can be unintended consequences and terrible mix-ups. Jon Carpenter said he ought to know.

Jon is a veteran, sports fisherman, and law-abiding gun owner from St. Cloud, who just happens to have the same name as a drifter who threatened an elderly couple.

"He’s 110 pounds. I’m 200. He has brown eyes. I have hazel. He has black hair. I have no hair,” Jon said, comparing himself to the other Jon Carpenter, who became the target of a risk protection order to remove any weapons he may possess.

But the veteran, fisherman, 200-pound Jon Carpenter was sent a certified letter from the state, suspending his firearms license.

“I was just dumbfounded. I didn’t know what to do. I called the state and they basically said, 'There's an injunction against you,'” Carpenter explained.

He also received a notice that he had been reported to DCF for elder abuse and a state order to surrender any firearms.

"The state basically said, If it’s not you, go to the courthouse. They’ll give you a letter and they’ll get you reinstated,” said Carpenter.

But that's not how it played out.

"Then, he finally comes out, and he's like you basically have to go to court on the 27th, in two weeks. So I said, 'I'm guilty until I prove myself innocent? That’s why I'm here, trying to show its not me.' And he’s like, 'Since you‘re here, you’ve been served. Here’s your restraining order,'” Carpenter recalled.

He finally connected with someone in the sheriff’s office, who helped him get the injunction dismissed and called the state to get his firearms license reinstated.

"They said they process it in the order it was received and it takes 6-8 weeks. I was like, 'So you can suspend it in one day, instantly, but for somebody else’s mistake, I’ve got to wait 6-8 weeks?'”

Carpenter persisted and got it straightened out sooner than that, but he says his experience of mistaken identity is a red flag, in itself, for politicians who promote the red flags laws and trust the bureaucrats to get it right.
 
I'm sure he's thanked his son repeatedly


A State Supreme Court Justice on Wednesday extended his temporary order, seizing a Rome liquor store owner's guns for one year, and suspending Liquor Warehouse owner Michael DeShane's unrestricted gun license for one year.

Michael DeShane is the man seen in a local viral video that circulated on social media, trying to diffuse the situation when his son, Jason DeShane, began shouting and making threatening statements toward a female employee, who recorded the conversation on a cell phone. That video, however, was not the basis for the NYS Supreme Court Justice Patrick MacRae's decision, and was never referenced in court Wednesday. The judge cited, and witnesses testified about, a police report Jason DeShane had made to Rome Police in late November, claiming that his father threatened him in the presence of one of his guns. Jason DeShane testified about the police report in court Wednesday.


Michael DeShane's attorney, Nicholas Passalacqua, says that this case is not about keeping guns away from his client, who is an exemplary gun owner; he says it is about making sure his client's son doesn't have access to his father's guns.

"Absolutely. It's not coincidental that Michael's temporary application for a temporary extreme risk protection order was filed in conjunction with that of his son, only days after this video was shared, that shows my client being completely composed, and responsible, trying to diffuse the situation with his son," said Passalacqua. "But for Jason DeShane's actions that were published all over Facebook, there would never have been, I firmly believe there would never have been, an application for a temporary extreme risk protection order against Michael."

Both the judge and Passalacqua pointed out the fact that this is new, unblazed territory, with only one published decision available, out of Nassau County. New York State's red flag law is only six months old.

Jason DeShane will have a similar hearing March 16th.
 
Red Flag laws might be a unique example of when law enforcement can enter your home to seize your property in consideration of what somebody else might do in the future.

If any relative, resident of your home or not, is Red Flagged, your guns can be seized. Such a case has happened already.

If your child’s friend at school is deemed a risk, will they knock on your door?
 
Protected and served the shit out of him!


Police shot and killed a man in Potomac, Maryland, Thursday while serving a warrant at a house, according to the Montgomery County Department of Police.

Officers were serving a “high risk” warrant for firearms-related offenses at a house in the 12200 block of St. James Road about 4:30 a.m. SWAT officers were entering the house when they encountered the suspect, identified as Duncan Socrates Lemp, 21. Lemp was shot fatally by an officer assigned to the Special Operations Division - Tactical Unit.

Lemp's family released a statement Thursday night saying they are grieving and plan to investigate hiss death and hold those responsible accountable.

“The police had obtained a search warrant for the home, however the search warrant makes no mention of any imminent threat to law enforcement or the community. No resident of the home had any criminal record,” the statement said.

The family believes body camera footage and forensic evidence will prove Lemp was unjustly killed.

The officer involved was placed on administrative leave per standard protocol, according to police. Detectives from the Major Crimes division are still investigating the incident.
 
Protected and served the shit out of him!


Police shot and killed a man in Potomac, Maryland, Thursday while serving a warrant at a house, according to the Montgomery County Department of Police.

Officers were serving a “high risk” warrant for firearms-related offenses at a house in the 12200 block of St. James Road about 4:30 a.m. SWAT officers were entering the house when they encountered the suspect, identified as Duncan Socrates Lemp, 21. Lemp was shot fatally by an officer assigned to the Special Operations Division - Tactical Unit.

Lemp's family released a statement Thursday night saying they are grieving and plan to investigate hiss death and hold those responsible accountable.

“The police had obtained a search warrant for the home, however the search warrant makes no mention of any imminent threat to law enforcement or the community. No resident of the home had any criminal record,” the statement said.

The family believes body camera footage and forensic evidence will prove Lemp was unjustly killed.

The officer involved was placed on administrative leave per standard protocol, according to police. Detectives from the Major Crimes division are still investigating the incident.

And Maryland police get another red flag stateside.
 
More info. The guy was asleep when he was killed in his home


SILVER SPRING, Md. (AP) — A Maryland man was asleep in his bedroom when police opened fire from outside his house, killing him and wounding his girlfriend, an attorney for the 21-year-old man’s family said Friday.

The Montgomery County Police Department said in a news release Friday that Duncan Socrates Lemp “confronted” police and was shot by one of the officers early Thursday. Rene Sandler, an attorney for Lemp’s relatives, said an eyewitness gave a “completely contrary” account of the shooting. She said police could have “absolutely no justification” for shooting Lemp based on what she has heard about the circumstances.

“The facts as I understand them from eyewitnesses are incredibly concerning,” she told The Associated Press.

The warrant that police obtained to search the Potomac home Lemp shared with his parents and 19-year-old brother doesn’t mention any “imminent threat” to law enforcement or the public, Lemp’s relatives said in a statement released Friday by their lawyers. Nobody in the house that morning had a criminal record, the statement adds.

“Any attempt by the police to shift responsibility onto Duncan or his family, who were sleeping when the police fired shots into their home, is not supported by the facts,” the statement says.

A police department spokesman didn’t immediately respond to the statements by the family or their lawyer.

The department’s news release on Friday says tactical unit members were serving a “high-risk” search warrant around 4:30 a.m. when one of the unit’s officers fatally shot Lemp. Police detectives recovered three rifles and two handguns from the home. Lemp was prohibited from possessing firearms, police said.

“Detectives were following up on a complaint from the public that Lemp, though prohibited, was in possession of firearms,” the release says without elaborating.

Sandler said the family believes police fired gunshots, not a flashbang or other projectile, from outside the home, including through Lemp’s bedroom window, while he and his girlfriend were sleeping. Nobody in the home heard any warnings or commands before police opened fire, she said.

“There is no warrant or other justification that would ever allow for that unless there is an imminent threat, which there was not,” Sandler said.

The police department’s news release says the “facts and circumstances of the encounter” are still under investigation. Prosecutors from neighboring Howard County will review the evidence at the conclusion of the investigation.

“An established agreement between the Montgomery County State’s Attorney’s Office and the Howard County State’s Attorney’s Office stipulates that when an officer-involved shooting involving injury or death occurs in one county, the other county’s State’s Attorney’s Office will review the event,” police said.

Lemp was Caucasian, according to Sandler. She did not know the race of the unidentified officer involved in the shooting because she said the officers were wearing masks. The officer was placed on administrative leave, a standard procedure after police shootings.

Sandler said Lemp’s grief-stricken family is traumatized. Their statement says they intend to “hold each and every person responsible for his death.”

“We believe that the body camera footage and other forensic evidence from this event will support what Duncan’s family already knows, that he was murdered,” the statement says.

Lemp worked as a software developer and was trying to raise money for a startup company, according to friends and co-workers.

“He was a talented, smart guy. Super nice. Didn’t deserve to get shot,” said Samuel Reid, whose Canadian software company employed Lemp as an independent contractor.

Tsolmondorj Natsagdorj, 24, of Fairfax, Virginia, said he met Lemp in 2016 and bonded with him over their shared interest in cryptocurrency. They also talked about politics. He described Lemp as a libertarian who frequented the 4chan and Reddit message boards, sites popular with internet trolls.

“Duncan was a young guy with a bright future as an entrepreneur,” Natsagdorj said. “He was working on things to change the world.”

On social media accounts that friends said belonged to him, Lemp’s username was “YungQuant.” On an internet forum called “My Militia,” someone who identified himself as Duncan Lemp, of Potomac, and posted under the username “yungquant” said he was “an active III%’r and looking for local members & recruits.” That’s an apparent reference to the Three Percenters, a wing of the militia movement. The group’s logo, the Roman numeral “III,” has become popular with anti-government extremists, according to the Anti-Defamation League.

On his Instagram account, Lemp recently posted a photograph that depicts two people holding up rifles and included the term “boogaloo,” slang used by militia members and other extremists to describe a future civil war in the U.S.

Friends said they never heard Lemp espouse any anti-government rhetoric. Sandler said Lemp was not a part of any anti-government or militia-type group.

“He was pro-America and supported wholeheartedly all the protections of the Constitution,” she said.
 
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