I’m sorry but I don’t like the sound of this. What constitutes a “demonstrated threat to themselves or others”? Will that be up to the states to define? If so then how do you every have a common definition? And how can it be following “due process” if it’s based on some vaguely defined threat? Would they arrest someone on the same kind of information that they’ll deny firearms for?
“What constitutes a demonstrated threat to themselves or others?”
A recent example of a kid shooting up a school in Florida comes to mind, where he was reported to various authorities (including by himself) as an immediate & serious threat ... and nothing was done.
Methinks ERPOs are just a clarification of existing law: if a reasonable person reports to a reasonable cop who asks a reasonable judge who concludes it’s reasonable to disarm someone as an unreasonable threat to others AND who will be subsequently hauled into court to face relevant charges or institutionalization (thus having a chance to, in a timely fashion, refute the accusations and reclaim armaments) - that’s already the norm, just needing clarification so such BS as the Broward County “no arrest” agreement doesn’t impede halting a real threat to the community.