Author Topic: HB 302 Mental Health bill 2018  (Read 6494 times)

MarkB

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Re: HB 302 Mental Health bill 2018
« Reply #15 on: November 08, 2018, 10:38:28 PM »
Bill is effective upon the Governor's signature but it is not apparent when that will happen.

It appears HB302 was signed on April 30. I presume this is in effect now?



Yes this is in effect. H.B. 222 also passed and is worse than than H.B. 302. All I can say, is be very very careful what you say to your family members and neighbors. If you get some vindictive person angry at you, it doesn’t take much to get a visit from several armed agents of the state coming to search your home and seize your property. If you resist, you will end up like the fellow over in Ferndale MD two days ago. That is to say, murdered at the hands of the police.

Reading HB 222 says that only law enforcement or family members may file a request for lethal violence protective order.  This implies that all others cannot file for such an order.  Nothing, however, prevents others from filing a complaint with law enforcement.  There are provisions for punishing those who file false complaints.

Note: the final amendment to HB222 states:  "This amendment provides that only a law-enforcement officer can petition the Justice of the Peace Court for an emergency order. This amendment changes the burden of proof for the issuance of the lethal violence protective order in an emergency hearing from probable cause to preponderance of the evidence. This amendment also clarifies that a lethal violence protective order issued by Superior Court is effective for up to 1 year. This amendment further clarifies that the Justice of the Peace Court’s office and the Superior Court’s Prothonotary’s office will provide forms and instructions for obtaining a lethal violence protective order. Finally, this amendment clarifies that if Superior Court or Justice of the Peace Court issues a lethal violence protection order, the Court is required to order the relinquishment of firearms and ammunition owned, possessed, or controlled by the respondent. This amendment also makes technical corrections "

So, there are some steps that have to be done before your firearms can be taken.
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