Red Flag or Extreme Riske Protection Order Requirements For Consideration In Any Court.
I am a non-attorney suggesting as a friend of the court: Any court considering an Extreme Risk Protection Order must look for guidance from the Supreme Court's recent decision in New York State Rifle and Pistol Assn., Inc. v. Bruen, 142 S. Ct. 2111 (2022). In Bruen, the Court recognized that "the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense." Bruen, at 2125. Further, in following the lead of District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the Bruen court reiterated that "when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct, and to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation's historical tradition of firearm regulation." That tradition must be from the period the Second Amendment was created. Bruen, at 2126. Also,...