Extreme Risk Protection Orders and Very Expensive Virtue Signaling
Above the fold headlines in both Gongwer and MIRS today suggest that RINO Rick is launching an intense effort to secure passage of Representative Robert Wittenberg’s HB 4706 and HB 4707. These bills create a new category of judicial proclamation – ‘Extreme Risk Protection Orders’ – which direct police to confiscate the firearms of anyone who is denounced to a Michigan court “without written or oral notice” to the victim. These ERPO bills have been rebranded as ‘red flag laws’ after the Parkland, Florida high school shooting. Both of Wittenberg’s bills received their first reading (of three) last year and were languishing in the House Judiciary Committee. No longer.
Here are the headlines:
Snyder Preparing Gun Control Proposal
Snyder Considers Waving The Red Flag; Sheriffs Want Cops Back In Schools
Here is the problem: Some clown you hardly know can petition a judge to issue an ERPO which orders the police to seize your firearms, CPL, knives, baseball bats, golf clubs, etc. You only find out that an ERPO has been issued when the police break down your door to effect the seizure. You have no opportunity to contest the initial issuance of an ERPO in front of the judge. It is a bolt out of the blue. The police get to throw your valuable collector firearms into a dump trailer willy-nilly without any responsibility for the condition or safekeeping of your property. You, the restrained individual, then have 14 days to file a counter action. Good luck with that.
Michigan Law Enforces Obama's Latest 'Pen and Phone' Gun Control With Draconian Penalties
It turns out that the stealth U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives proposal to prohibit the most popular cartridge used by civilians in the AR-15, America’s most popular civilian rifle, will be enforced by draconian penalties in Michigan law. This prohibition will affect all owners of .223 Remington caliber rifles, not just the AR-15. BATFE has indicated that they are withdrawing a ‘sporting purpose’ exemption for the standard issue U.S. Military 5.56x45mm NATO (.223 Remington) cartridge, claiming that it is armor piercing handgun ammunition under the 1986 Law Enforcement Officer Protection Act.
Michigan legislators cloned LEOPA in 1990 with one important distinction. The Michigan statutory language actually prohibits any use of prohibited ammunition. From MCL 750.224c:
(1) Except as provided in subsection (2), a person shall not manufacture, distribute, sell, or use armor piercing ammunition in this state. A person who willfully violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $2,000.00, or both.
‘Use’ includes loading a rifle magazine with prohibited ammunition or even firing it in a single shot rifle. The Federal LEOPTA at least allows gun owners to use up stocks of ammunition on hand when a cartridge is prohibited. A bunch of Michiganders are about to become felons if BATFE gets its way thanks to another triumph of legislative draftsmanship by our Legislature. Violating MCL 750.224c is a four year felony, a rude surprise to someone owning M855 ammunition. Perfectly legal one day, a felon the next. The joy of multilevel government regulation.
Bloomberg has a story about the “Paltry” Democrat freshman class, whose only lawmaker elected is Gary Peters of Michigan.
Michigan is a good example of why the efforts to repeal the 17th Amendment makes clear sense. The framers of the constitution intended for senators to be picked by the legislatures of the respective states, and for the past four years in Michigan and for the future four years, Michigan will be dominated by Republicans. If the 17th Amendment had never been instituted a hundred years ago by progressivist constitution destroyers, it is highly unlikely that Michigan would have either Debbie Stabenow or the newly elected Gary Peters as senators, since they are both Democrats.
But to truly understand who the voters of Michigan picked as their newest Senator, you really do not need to go any further than Bloomberg.
After leaving elected office as mayor of New York City, Michael Bloomberg, the anti-Second Amendment billionaire, has been working to be the counterweight to the NRA. He is the founder and owner of Bloomberg LP. He means business on gun control, and flexed his muscle in the 2014 elections by contributing over $20 million dollars. It is worth noting that he did not spend his money for short term gain alone, he is in it for the long haul, spending $50 million to start a grassroots gun control network called Everytownthat claims to be for gun safety, but it is for gun control. Above education, above immigration, gun control is Bloomberg’s number one issue, and he is focusing all of his attention and resources toward it. As he told the New York Times, “You have to be careful if there’s two issues you care about, and they’re good on one, bad on the other, what do you do? And I think you’ve got to pick your issue. In our case, my case, it’s guns,” he told the New York Times. “I care very much about immigration. But guns are the No. 1 thing.”
Dingell also stressed to reporters that she has different views than her husband.
“I’ve learned a lot from John Dingell. Like any married couple, we don’t’ agree on everything and as we go down the road there may be some differences,” she said. “I’m not going to try to be John Dingell. I’m going to be Debbie Dingell.”
One difference between the couple is their position on gun control; John Dingell is a lifelong supporter of the right to bear arms, while Debbie Dingell has spoken out against it.
“That is an issue that we do not agree on,” she said. “We come from very different perspectives.”
But, I repeat myself. So, in essence, ‘ol Queen Debbie will be yet another “Me Next” Progressive in the long list of Constitution loathing Progressives in D.C. Well, I reckon all that’s left now is for Denise Ilitch and Geoffrey Fieger to throw Queen Debbie a “pizza party” too.