The National Extreme Risk Protection Order Resource Center, which was
just announced by the Biden administration, is the subject of an
investigation that was prompted on Thursday morning by House Judiciary
Committee Chairman Rep. Jim Jordan (R-Ohio).
On Saturday, U.S. Vice President Kamala Harris announced its opening and the $750 million in funding allocated for the center.
Attorney General Merrick Garland highly applauded the center’s launch.
“The launch of the National Extreme Risk Protection Order Resource
Center will provide our partners across the country with valuable
resources to keep firearms out of the hands of individuals who pose a
threat to themselves or others. The establishment of the Center is the
latest example of the Justice Department’s work to use every tool
provided by the landmark Bipartisan Safer Communities Act to protect
communities from gun violence,” Merrick said.
However, the co-founders of the John Hopkins Center for Gun Violence
Solutions, Cassandra Crifasi and Joshua Horwitz, received a letter from
Representative Jordan on Thursday.
“The Committee on the Judiciary is conducting oversight of the
Department of Justice’s (DOJ) grant programs and operations, including
the Bureau of Justice Assistance (BJA). We are aware that BJA has
awarded you a taxpayer funded grant to operate the National Extreme Risk
Protection Order (ERPO) Resource Center, which will ‘support the
effective implementation of state red flag laws.’ The Committee has
serious concerns about the infringement on due process and Second
Amendment rights that red flag or extreme risk protection order laws
enable,” Jordan’s letter read.
Jordan went on to stress in the letter the numerous issues with red
flag laws, including the dangers they represent to due process.
“These laws are ripe for abuse as the list of individuals who can
petition a court for an extreme risk protection is expansive. For
example, in Hawaii, a former roommate or even a disgruntled employee can
file for an extreme risk protection order. In California, a former
roommate, employee, a former girlfriend or even someone in a ‘dating
relationship’ with an individual is able to file a petition for an
extreme risk protection order. Additionally, many jurisdictions merely
require that a showing of probable cause be met in order to seize an
individual’s firearms and ammunition and to prohibit that individual
from purchasing or possessing any firearms or ammunition. Probable cause
is an astonishingly low standard to deprive an individual of his or her
constitutional rights without an allegation of criminal activity or an
opportunity for the individual to be heard. Currently, fifteen states
have laws that will grant an extreme risk protection order using this
low standard,” the letter continued.
Jordan then listed questions for which he must have responses by April 11th, 2024, at 5:00 p.m.:
- Explanations of how they are ensuring that funds that have already
been distributed to jurisdictions “are following the constitutional and
due process safeguards [set forward in the Bipartisan Safer Communities
Act].”
- Explanation of how Crifasi and Horowitz’s office are “adhering to
the provision of the law that requires ‘penalties for abuse of
the program.’”
- “All documents and communications from June 25th, 2022 to
present between Executive Office of the President employees and Johns
Hopkins Center for Gun Violence Solutions employees referring or
relating to National Extreme Risk Protection Order Resource Center.”
- “All documents and communications from June 25th, 2022 to
present between DOJ employees and Johns Hopkins Center for Gun Violence
Solutions employees referring or relating to National Extreme Risk
Protection Order Resource Center.”
Jordan also clarified that the materials that Crifasi and Horowtiz
turn in must contain the records pertaining to the grant proposal for
John Hopkins FY 2022, which seeks funding for an Extreme Risk Protective
Order and Firearm Crisis Intervention Training and Technical Assistance
Institute.
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