Extreme Risk Protection Order and Violence Prevention Act of 2021 by Bohdan Rabarsky
On February 8, 2021 Senator Marco Rubio R-FL again re-introduced the Extreme Risk Protection Order (ERPO) and Violence Prevention Act of 2021 with 3 cosponsors, Democrat Jack Reed-RI, Republican Rick Scott-FL and Independent Angus King-ME. This is one of those bills that’s supposedly for the good of the people, because the citizens of America don’t know what’s good for themselves. Give up some freedom; the government will decide our safety for us. As Ben Franklin said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
There are those citizens, Women’s Rights Group, the local YWCA and County Sheriff’s Departments that feel this is a good idea. Authorities will tell us it not only protects vulnerable people, but prevents possible domestic abuse; law enforcement says the latter is the majority of their calls.
But there is another small issue, often referred to as the United States Constitution!
The Extreme Risk Protection Order and Violence Prevention Act overlooks the Constitutional Rights of American citizens under the guise that such a law might prevent domestic violence. That would be like the New York State Department of Motor Vehicles denying you a driver’s license, because some day you might cause an accident. Make sense to you? That’s the logic the government uses in their ultimate wisdom of “it’s for the good of the people”. What also might the government do for the “good of the people”. Perhaps censor those that disagree with the government under the guise of misinformation? Deny people their job if they don’t get vaccinated? Seize bank accounts and even the pets of protestors? Once you start down this slippery slope, your rights will be in freefall.
The Constitutional Amendments that the Extreme Risk Protection Order and Violence Prevention Act overlooks are Amendments 1, 2, 4 and, most significantly, 14. The 14th Amendment, Section 1 states, “No state shall deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”.
Under ERO, you’re guilty until proven innocent, according to the Judge that issued such Protection Order. In many cases the probable cause is just an accusation in the midst of a heated domestic dispute. Under that Protection Order, all your long guns and handguns will be confiscated - violating the 2nd Amendment. Most of the time the local Sheriff’s Department will enter your home without a warrant, only a judge’s court order - violating the 4th Amendment, which says, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures without probable cause.”
This Extreme Risk Protection Order and Violence Prevention Act of 2021 is already written into the New York State “Secure Ammunition & Firearm Enforcement Act” also known as The Safe Act of 2013. This new bill, introduced by Florida Senator Marco Rubio, is SB 292. But it was first introduced on March 22nd 2018 as SB 2607, then on January 3rd 2019 as SB 7. With any luck, without a corresponding sponsored bill in Congress, it will wither away on the vine and our Constitutional Rights will remain intact. But we can’t trust to luck. Let your Representative know that you oppose this unconstitutional denial of our rights.
