Resistance to Red Flag Laws Cost This Gun Owner His Life

Nov. 7, 2018
by Bob Adelmann

Trekkies will remember the Borg as cybernetic organisms that live in a hive mind called “The Collective.” They co-opt technology from other species and gain such power that “resistance” to them “is futile.”

Gary Willis, a law-abiding gun owner living in Ferndale, Maryland, resisted, and paid for it with his life. Local papers covered the incident. Willis was asleep early Monday morning when two officers from Anne Arundel County knocked on his door. A law-abiding gun owner, Willis answered the door “with a gun in his hand,” according to a police department spokesman. They were there to serve him with an “extreme risk protective order” and remove his legally owned firearms.

According to the spokesman, Willis put his firearm down to read the ERPO but then, apparently recognizing that it wasn’t a legal search warrant issued by a judge in accordance with protections guaranteed to him by the Fourth Amendment to the U.S. Constitution but instead was issued by a local judge under Maryland’s newly minted “red flag” law, he retrieved his firearm.

The spokesman said that Willis “became irate.” In the melee that followed, one of the firearms carried either by one of the officers or by Willis, went off. One of the officers then pulled his own sidearm and shot Willis dead.

Family members told Capital Gazette reporters that a distant relative had requested the ERPO the day before, due to an “incident” that occurred at his residence. The details of the “incident” remain unclear at this writing, but the backpedaling by the police chief began almost immediately.

Said Anne Arundel County police chief Timothy Altomare:

If you look at this morning’s outcome, it’s tough for us to say, “Well, what did we prevent?” Because we don’t know what we prevented or could’ve prevented.

What would have happened if we didn’t go there at 5 am?

Probably nothing. Because during his many years as a resident at his home in Ferndale nothing untoward happened. His niece, Michelle Niece, said “I’m just dumfounded right now. My uncle wouldn’t hurt anybody.”

Willis was a casualty in the accelerating war on guns, evidenced by the more than a dozen states that have adopted “red flag” laws or ERPOs following the murders at Stoneman Douglas High School in Parkland, Florida in February.

“Red flag” laws do not allow the person charged to defend himself or even to know who his accuser might be. Further, he must prove his innocence in order to get his confiscated firearms returned to him. He is “guilty” until he proves himself “innocent.”

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ERPOs lower the standard in the Fourth Amendment – probable cause – to “reasonable cause.” They allow judges to act quickly (in Gary Willis’ case, overnight) before the victim gets wind of what’s coming and can secure legal counsel to defend himself or make other arrangements to protect himself and his property from confiscation.

Willis isn’t the first citizen to be caught in the “red flag” web, just the first one to die as a result. In Seattle, Washington, an agency called the “Crisis Response Squad” has already pre-identified pre-criminals before they commit atrocities and seized their legally owned firearms. On March 1, one of those identified as a “precriminal” didn’t comply with the court order and made the headlines when police entered his residence and forced him to relinquish his weapons. covered the incident, informing its readers that the 31-year-old man hadn’t committed a crime but was guilty of “escalating behavior,” whatever that means. Some workers at a local restaurant, according to KOMO News, said the defendant “harassed” them while he was carrying a holstered firearm (which is legal there).

KOMO News added that this man’s “precrimes” included a history of police seizing a shotgun from him “in a different incident.” After entering his residence with the so-called warrant (based not on “probable cause” but on the much lower standard of “reasonable cause”), the police not only retrieved a .25 caliber handgun, but then entered the residence of one of the man’s family, where they hoped to find some other firearms belonging to him.

A Pembroke Pines, Florida teenage girl was brought into police headquarters and subjected to more than two hours of questioning about her posts on social media. No attorney was present. None was needed. After all, the right to “lawyer up” isn’t allowed under the new law. Said Pembroke Pines Police Captain Al Xiques, the “police department will pursue those Risk Protection Orders in accordance with the new law when we determine that it is necessary in order to protect the public’s safety.”

Her attorney is suing to have the new Florida law overturned.

And then there’s the case of Broward County Florida Sheriff’s bailiff Franklin Joseph Pinter, age 60, who allegedly made some verbal threats toward other bailiffs and, again allegedly, was seen on the fifth floor of the county courthouse leaning over the railing and pretending to hold a long gun and shooting at people below.

This was all that the judge needed. On Friday, May 25, the sheriff’s office sought the ERPO, which the judge granted that same afternoon. No trial. No defense. No witnesses. No one representing Pinter. In fact, Pinter had no way of knowing about the court order to seize his 67 firearms until deputies showed up at his door.

Where will this end? Repeal isn’t likely, as the momentum by states, encouraged happily by gun grabbers, is pushing for more “red flag” laws, not fewer. Instead, it will end when a court grows a backbone and declares them unconstitutional. Until then, every citizen legally possessing a firearm in “red flag” states is in danger of having a relative, an acquaintance with whom he has had a disagreement, a disaffected or offended neighbor or co-worker, a mental health “professional,” or as is sometimes the case, the police themselves, petition a judge, obtain an ERPO which then enables local police to remove the offending weapons from his possession, by force if necessary.

Resistance to Maryland’s newly minted and unconstitutional “red flag” laws, as Gary Willis found out early Monday morning, was not only futile but fatal.



Background on Star Trek’s the Borg

Anne Arundel police say officers fatally shot armed man as they served protective order to remove guns from house

The New American: New Florida Gun-control Bill Contains “Red Flag” Provision

The New American: Florida’s “Red-flag” Law Taking Guns Without Due Process

The New American: Red Flag Warning: States Confiscating Guns by Ignoring Fourth Amendment

The Washington Times: Md. officers serving ‘red flag’ gun seizure fatally shoot armed man

The Capital Gazette: Anne Arundel Chief: Shooting was evidence that month-old red flag law is needed

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