Please be Aware! Update on Gun Control and ERPO

BREAKING: “White House Makes MASSIVE Push For Gun [quote=“William_H, post:1, topic:101622, full:true”]
BREAKING: “White House Makes MASSIVE Push For Gun control!"

The Justice Department, under President Biden, launched the National Extreme Risk Protection Order (ERPO) Resource Center that will function as a national red flag center to deprive Americans of their civil rights.

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The Tree of Liberty needs watering from time to time with the blood of tyrants! Come and Take It!

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Love reading the comments and I understand but can any of this deadly force be avoided. Arkansas gentleman and the ATF had a fight. Why can’t ATF be held responsible.for murder.

The Vice President and red flag laws are using
bribery to the States to betray our Country. This
includes the Republicans.

Thanks

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By the time we lift the watering can, we’ll be dead! 2A doesn’t work!
We’re being trampled and allowing it!
No matter how you look at it, they have won!

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Good Sir,

When you have the POWER, you control the Narrative, It’s as simple as that.
Absolute Power corrupts absolutely
So, when you are in Control the people under you also Controlled THEY will usually NOT buck the system
Hence rampant Illegal activities and Murder. So, if you were Marl697 here He’d say Vote in new Blood. Run for office.
But when the Power controls THAT system too it’s difficult to expect real change until there is a TRUE changing of the old guard.

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And if you look at they people that are in this new agency? They are ALL from ANTI-GUN GROUPS.

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Trump Administration should take this down on day 2, if not 1.

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While President, Trump actively supported States implementing Red Flag Laws so I wouldn’t hold my breath waiting for him to get rid of this law that was passed with bipartisan support.

“Or, Mike, take the firearms first and then go to court, because that’s another system. Because a lot of times, by the time you go to court, it takes so long to go to court, to get the due process procedures. I like taking the guns early. Like in this crazy man’s case that just took place in Florida, he had a lot of firearms – they saw everything – to go to court would have taken a long time, so you could do exactly what you’re saying, but take the guns first, go through due process second.

President Donald Trump, 2018

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What gives law enforcement the right to arrest someone? “Probable cause” is the legal basis that allows police to arrest someone, conduct a search, or seize property. This requirement comes from the Fourth Amendment to the U.S. Constitution, which states the following:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Thus, for a court to issue a warrant, it must be supported by a showing of probable cause.

This article provides a definition of probable cause. It will then examine the probable cause standard in connection with the following:

  • Detentions
  • Arrests
  • Searches
  • Seizures
  • Prosecutions

Warrants and Probable Cause

To get a warrant, an officer will sign an affidavit. The affidavit states the facts the officer knows from their own observations. They can also base their affidavit on the observations of citizens or police informants. These facts support their claim that probable cause exists to conduct a search, seize property, or make an arrest. The officer will then provide this information to a neutral judge or magistrate.

If a judge or magistrate agrees that probable cause exists based on the “totality of the circumstances,” they will issue an arrest warrant or search warrant. The judge relies upon the honesty of the police officer in presenting accurate information.

Federal courts have held that the judge may give “considerable weight" to a law enforcement officer’s conclusions regarding where evidence of a crime may be found (United States v. Mick (2001); United States v. Caicedo (1996)). The accused is not present to rebut the claims.

The Supreme Court adopted the “totality of the circumstances" test in Illinois v. Gates (1983). There, law enforcement officials received an anonymous tip that a married couple was engaged in drug trafficking. Acting on this information, police ultimately obtained a search warrant. Police searched the couple’s residence and seized illegal drugs.

The couple moved to suppress the evidence seized. They argued probable cause did not support the warrant. The Supreme Court concluded the warrant was valid. The Court noted that probable cause is a “fluid concept" that depends on law enforcement’s assessment of multiple factors. Moreover, the Court wrote that probable cause cannot be confined to a “neat set of legal rules." Instead, probable cause is essentially an “assessment of probabilities."

Temporary Detention Does Not Require Probable Cause

Traffic stops and the questioning of pedestrians are examples of temporary detention. Temporary detention requires only “reasonable suspicion,” not probable cause.

If the police have “reasonable suspicion,” they act on specific facts and inferences about a particular person. “Reasonable suspicion” uses the “reasonable person standard.” Would a reasonable person believe criminal activity was at hand and further investigation was required?

Detention can become a formal arrest if the detaining officer develops probable cause to charge a crime as a result of the investigation. For the detainee, the line between detention and arrest is not always clear.

Probable Cause for Arrest

If, during a criminal investigation, a police officer announces that a person is under arrest and places them in physical restraints, that is an arrest. At that moment, the arresting officer must have probable cause to believe the person committed a specific crime.

Probable cause for arrest exists when facts and circumstances known by the police officer would lead a reasonable person to believe that the suspect has committed, is committing, or is attempting to commit a criminal offense. The probable cause to arrest standard applies to both misdemeanor and felony offenses.

Police must base probable cause on objective facts; it cannot be based upon a hunch. The evidence required to show probable cause is less than “a preponderance of the evidence,” which is the standard used to prove most civil cases in court. It is also less than “beyond a reasonable doubt," the standard used in criminal cases. However, probable cause requires more than “a reasonable suspicion.”

Someone arrested or charged without probable cause could file a civil lawsuit. They could allege, for example, false arrest or malicious prosecution. However, this type of suit will not succeed if the arresting officer is simply mistaken.

Probable Cause To Search Person or Property

Probable cause to search exists when facts and circumstances known to the law enforcement officer provide the basis for a reasonable person to believe that they committed a crime at the place to be searched or that evidence of a crime exists at the location.

The police officer can then seek a search warrant from a judge or magistrate. A search warrant gives the officer permission to conduct a limited search. Search warrants specify where law enforcement can search and items they can seize.

When a Search Warrant Is Not Needed

In some instances, police do not need a warrant to arrest or search. For example, if an officer witnessed a suspect commit a crime, they can make an arrest. If a warrantless arrest does occur, it may be subject to legal challenge by the defense in a subsequent proceeding. Circumstances that do not require a search or arrest warrant include the following:

  • When the police have consent to search from a person who has use or control of the premises

  • When conducting a search connected to a lawful arrest

  • In an emergency that threatens public safety or the potential loss of evidence, also known as exigent circumstances

  • If police impound a car after a DUI and law enforcement takes inventory of the vehicle as part of standard procedure

  • If contraband is “in plain sight” from a location where the officer has a right to be present (For example, outside the car door, at the front door of a house or apartment)

  • Stop and frisk pat-downs for weapons

If a judge subsequently determines that a warrant is invalid, or a warrantless search is determined to have been improper, the court will exclude evidence or statements obtained. This is known as the “exclusionary rule.” At a suppression hearing, the judge decides whether the exclusionary rule applies to a particular piece of evidence. The judge will hear testimony from the prosecuting and defense witnesses, along with case law analysis by the attorneys, to make their determination.

Probable Cause To Seize Property

Probable cause to seize property exists when facts and circumstances known to the officer would lead a reasonable person to believe that the item is contraband, is stolen, or constitutes evidence of a crime.

When a search warrant is in effect, police generally search only for the items described in the warrant. However, any contraband or evidence of other crimes they come across may, for the most part, be seized as well.

Probable Cause for Criminal Charges

The concept of probable cause extends to the prosecution of a criminal case.

The Federal Rules of Criminal Procedure require a prosecutor to believe probable cause exists. Therefore, the prosecutor must believe that the person committed the crime before they recommend further investigation or prosecution.

Get Legal Help With Your Probable Cause Questions

The Fourth Amendment protection against unreasonable search and seizure depends on probable cause. It is one of the most important legal protections against law enforcement overreach in the criminal law system. However, it is also highly dependent on the facts of your case. An experienced criminal defense attorney can provide valuable assistance in a criminal case. If you believe law enforcement performed an unlawful search and seizure, consider contacting an experienced criminal defense lawyer near you.

Concerns:! Our USCCA and Liability Insurance
does not cover the Red Flag Laws and Probable Cause
has many doors that Law Enforcement uses.

4th Amendment; Great Start

You need a lawyer and 50k or better.

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Not trying to be a downer William,
This all Truth and the Law. Fact
But when you have an out of control
administration who feel they are Above the Law,
AND have this two-tier Justice system
you have the makings of the shshow we have today.
When you WEAPONIZED EVERY AGENCY under your CONTROL
Somebody should have put the brakes on this runaway Train!
But no one stepped up (because they are all in it (collusion)
So now we have Cops Targeted, Another (31) year old Officer died this week in NYC.
Cops LEAVING en Mass, Defunding, and out of control CRIME.
(10) million Friendly Newcomers—Arm up! SH
show part deux coming soon.

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I think I heard you say a lawyer and a .50 cal. Could be the spell check!

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Your knowledge and experience are needed. Your
Opinion is honored and I appreciate your help.

You know in any written document or information
written like our communications, if you write and
mistakes are made in the written words can change
the whole meaning of the messages. I apologize
for mistakes.

The probable cause article and verses the reasonable
suspicion has to be made by law enforcement, lawyer, and judge here in Florida.

The main concerns is that The Federal Government
is trying to get the States to change the red flag laws
to allow even a person you had a disagreement with 6 month in the past that he report you or I. This argument gave the Legal department to have that
Reasonable Suspicion. The nightmare begins and some one reports that a person carries a firearm and alarm
bells rings and it turns bad.

These are facts and truth. I did not dream this up. I
do not think we desire to have the ATF or law enforcement breaking down our front doors, with
or without a warrant. Two people have died over
much less circumstances, they want to take firearms
away from law abiding citizens, people have died.

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$50,000.00 is not a .50 caliber, 50k is money and a lot of it.

This is NOT a joke or a game.

I appreciate your service and dedication.

I have going on 8 years with USCCA and fighting
against anti gun people for 3.5 years and there is not
a single thing to help turn the tables on the enemy.

I have trained and educated by several law enforcement
and police officers (retired). People like to make a
Game out of this mass drain field and it is not a
Very good time to play or joke.

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No Sh/t. Problem is since 2015 they’ve been at war successfully and we’ve been memeing ! We can train till the AOC’s come home! But we’re not accomplishing sh/t. I as well have trained with my local sheriffs department among others. For many, many days, hours, weeks months and years. Boot camp is over!

Back when I was training we weren’t expecting a Red Dawn style invasion! Now that we’ve ( NOT ME, MIND YOU ) allowed the invasion, training has been taken to the next level! They’ve said, historically, it’s the “soap box” the “ballot box” and so far those have failed miserably, next is the “cartridge box”!

Well, you’re right, it’s time to zero the .50 cal, take up a position and cap the next phucker, that decides to take out a cop, a woman on a train platform, the toppling of a statue, a guy who thinks he can use the same bathroom as an 8 year old girl! Not to mention the people who have tried to make that difference you speak of, all the J6ers, the Daniel Penny’s. They did try to save democratic lives, I’m not playing and I absolutely WILL NOT save that life.
If I see someone in a burning car, I have one phuckin question :exclamation:Sometimes my words here are hyperbolic, rhetorical maybe even funny, but I’m not joking anymore, they drew first blood!

Absolutely, this is no phuckin game, Hamas, China, North Korea, Iran, Yemen, Putin, Zelenskyy. They are not playing, but we are, we’re teaching our military how to properly wear a PHUCKIN dress and speak in pronouns? If that’s not a game, I don’t know what is!

From where I sit seems like a pretty phucked up game! We’re about to get slaughtered and we’re still making jokes. Yeah, there’s a thousand places I’d rather be. Saving our nation is against the law, prove me wrong!

We’re not going to get anywhere, there will be no VOTING, we won’t even have a say. It’s already fixed and in place. You want your country back, set me loose with a few others and well I’ve seen team of four go against superior odds and win, supposedly there were 72 million of us against a bunch of chicken sh/t cheaters AND WE LOST, we didn’t lose!

It was stolen, and it will be stolen again, along with every RIGHT we ever knew!
Because TO RIDE, SHOOT STRAIGHT, AND SPEAK THE TRUTH, LtCol Jeff Cooper. The meaning of that speaks volumes for me. I’ve NEVER confronted our situation as a game, but the only way to remain sane is to add humor! Medical examiners, highly skilled surgeons, and well trained combat soldiers the world over use it to maintain sanity!
We gain a state or two the allows permitless carry and 10 states start confiscation!

I’ve been with USCCA since 2015 when the resistance against Trump started! Got heavily involved, to NO AVAIL. I’ll have you know that when I did join this community, I really did expect it to be EXCLUSIVELY a 2A ONLY forum, with free speech exercised by men and women only to find out the hard way that it was definitely NOT what I had expected!

Free speech is not allowed, the voicing of opinions came in contact with the many trolls that I was unaware of on a platform dedicated to the 2A.
Back in the day, the trolls on here WON and I along with a very tight knit and very conservative minded group got banished!

You’re right this is no game. But only they have been at war! They have been bloodily fighting for their cause, and we’re still banging away on a keyboard when I’d rather be drawing blood! Good men allowed this to happen, WE allowed this to happen! I DID NOT, What is our excuse, play it cool they said, nice guy always wins!

It may seem I’m playing the game, that’s because this is NOT a dedicated forum for those that want to overcome evil! If they were truly serious, like the forefathers, trolls would be dismissed immediately and someone would be covering our backs. In the same manner that I would cover your back! No laughing matter!

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I do care, but lack education and understanding here.
I have not got political experience or experience on
the battle field.

The only desire is getting information out to keep other people from getting blamed, arrested, killed, or
imprisoned for life.

I respect you.

I have training home and self defense, but I rather get
people to safety. Killing things is the easy part, but you will live a life time through hell and pain.

I do not wish to see people live a repeat of 1930’s and 1940’s, but never forget the pacific wars, Japan. But things will repeat, but much greater.

Biden and his Administration have lost their minds.

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My guess is we are sitting ducks, with no recourse to the law!
Consider the J6ers. No crime, no Miranda, no due process, Constitution does not exist! Tossed into solitary and false stories emitting from the lame stream media! Even when video vindicates. What happens when they burn the constitution, well, they have and we’re living in it! For how long is anybody’s guess!
We’re seeing in live footage acts of anarchy, and they tell us nothing is wrong, murder is good! This is how Nazi Germany convinced 6 million to give up their right to life! We were supposed to learn! Never again they said!
Our rights don’t exist! They found a way to pick s off one by one! If that’s not a win, I don’t know what is!

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I beg to differ with you Sir. One of the hardest things is killing another human being.
There is no easy part. Even if the scumbags deserve it taking a life is no easy matter.
But I will tell you the TRUTH Sir. We are being pushed into this fight daily. They want us to react Violently and when the time comes it will happen and they will wish they chose another course of action.
A (41) year old NYPD Policeman was gunned down in the dirty streets of Queens NY last Monday. Johnathan Diller left a wife Stephanie and their one year old son.
Donald John Trump attended the Funeral while the Resident of 1600 Pennsylvania Ave’s basement attended a fund raiser with his Pedophile co-horts Obama and Clinton and probably raised Millions of dollars for their fight against us and THEIR re-election. NO PHONE CALL NO SHOW to the family of the fallen Officer, F$ckin’ DISGRACEFUL! Joseph Robinette Biden is an empty suit. He’s not there anymore, Dementia is taking it’s toll and if the stupid American Demoncrats can’t see this and vote for this emotional train wreck or the Demoncrats STEAL this election there will be Blood in the streets. The coming blood bath! is on THIER hands.
"The Tree of Liberty will get it’s watering’. There is NO way we can survive another year much less a full term of this doddering fool, the Country will not exist anymore. As of now we are a shell of our former self as it is. You push us anymore and they will open the gates of hell the likes of which haven’t been seen in this Country.
WE HAVE HAD ENOUGH. So Sir William we listen to you and applaud your efforts, Job well done. But maybe the time for talk, voting, electing is over. They have had their say and we don’t believe a word when they open their mouths anymore.
If this triggers reprisals and Home invasions against American Citizens then Brother
it’s going to get f**kin’ Loud and they will have to stack bodies of their own in order to see the sunrise.
LET 'EM COME!
All we wanted was to be left alone. We just wanted to live the AMERICAN DREAM and they turned it into a Socialist NIGHTMARE!

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The part of killing someone
will be the easiest and greatest. I have not killed a
soul, but my entire family have passed away.

I am a widower of 8 years and I love my beautiful
Wife of 26 years still. I have been through grief
several times. After you loose 6 people that was
family, case closed.

I will not compete with you.

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I am sorry for your loss(es)
I too have just a Sister left then the
Blood line dies w/ us
But I do not understand you here…

???
I lost my Wife and Brother recently and no, I will not compete
with you either, this is not a competition it’s a discussion.
sorry if you mistook what I was trying to say

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I am pretty sure the ERPO has no intention of following any legally mandated process in order to go about their business. They will be operating well outside of the law just like the other multiple agencies that are part of the Biden administration.

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