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I will paste my research so far.

Under what circumstances may person A make use of Massachusetts’ red flag law against person B without police cooperation, and what are the consequences of that? Certainly they want to help and cooperate?

How can I compel the state police to act on a red flag confiscation?

THIS: The next step is an ERPO as a result of sharing his prescriptions? Is this the correct order? Can I show the officer a section of the law that applies here? Which section?

He brags to everyone about the specific quantity of cannabis grown. Each time he makes a sale over $1000. His weapons including a sawed off shotgun in the same house as 200 oz. His distribution of Oxycontin and Ativan to 80yo demented “patients”. This is all public, documented, written, photographed, and submitted to elder care. He has a history of doing this.

Red flag laws in MA: 50/50 chance that they are a threat or broke a law. Preponderance of evidence. Anonymous witness. Not beyond a reasonable doubt it is not needed. 11oz of cannabis is illegal. More likely than not is the standard of evidence to search and confiscate a weapon. They don’t reject a red flag accusation because of the worst case outcome risk. Only one side is heard before the action is taken. Preponderance of evidence is a low standard.

Please correct me if I’m wrong. Thanks in advance for your help! Mark

Mark Robin
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As you can read here, "if the police witness or have probable cause to believe that the defendant violated a restraining order, they are required to arrest the defendant". Given the presumption that the court has in fact issued an ERPO, then the police will act if they have probable cause to believe that the person e.g. still has a gun. If they don't know that the person has a gun, they won't do anything.

It is entirely possible that you are thinking of some other law, or that no such order has been issued by the court (police require a court order, not just your say-so).

user6726
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