FREE GUN FRIDAY: WIN A NEW Beretta APX ™, Black Hills 9mm Luger HoneyBadger(tm), Ammo, and Caldwell Emax Shadows Pro! Close The Senate recently passed the “BipartisanSafer Communities Act”, which provides funding for red-flag laws. These provisions, which were supported by 14 Republican Senators. What are red flag laws? And what is the potential for abuse of them? We will examine the potential dangers of the bill as it moves to the House. RELATED STORY BREAK: Senate’s Final Text for the “BipartisanSafer Communities Act” What are red flag laws? Red flag laws, or extreme risk protection orders, are a way for the government not to follow due process. They are used to preemptively disarm anyone who is a danger to themselves and others. U.S. lawShield states that “many states have Red Flag laws that allow a court order not only to remove someone’s existing firearms but also to prevent them from possessing, buying, possessing, transporting firearms or ammo for a specific period of time. The initial temporary firearm restraining orders last for several weeks. However, some states allow this initial order to last longer. Most jurisdictions allow for the extension of these orders if the person’s threat persists. Some states allow petitions from school officials and health care workers. After the petition has been filed, the court will hold a hearing in which the petitioner presents evidence of the claim. The standards of proof are lower that those of “beyond reasonable doubt” in a criminal case. The two standards of proof are “preponderance and convincing evidence” and “clear, convincing evidence.” U.S. lawShiled states that if the order is granted, the judge can issue a warrant allowing law enforcement officers to search the Respondent’s property, confiscate weapons, and sometimes without prior notice. The state requires that the police arrange safe storage of the firearm(s), for the duration of the order. This infographic was posted by Governor Tom Wolf and was quickly corrected by Gun Owners of America. How “red-flag” laws work in reality: https://t.co/6RxIA1wW5f pic.twitter.com/WgD28fSDHi — Gun Owners of America (@GunOwners) June 16, 2022 A Clear Violation of the Constitution Aside from the Second Amendment, red flag laws violate three important constitutional rights–the Fourth, Fifth, and Fourteenth Amendments. First, gun owners (and gun owners alone) are denied their Fifth Amendment and Fourteenth Amendment rights by violating due processes rights. Red flag laws allow for an official to hold a hearing, even though the accused may not be aware of it. Breitbart News recently stated that “often, the gun owner isn’t even notified about the accusations levelled against him or allowed to take part in the initial hearing deciding the fate of his fate.” The gun owner may not be aware of his constitutional right to keep and bear weapons is being attacked. He cannot contest, refute, or challenge the credibility of the accuser.” According to McDonald’s v. Chicago (2010), the Supreme Court ruled that the government can infringe upon the right to keep and bear arm without respecting due process. We have the right to defend ourselves in this nation, as well as the right of facing our accuser. Red flag laws override these rights and this precedent. This directly violates the Fourth Amendment guarantee against unreasonable searches and seizures. It is unreasonable to refuse to participate in any hearing that leads you to the seizure your firearms. This is another aspect of the legislation for which the U.S. Supreme Court has established precedent. Breitbart’s article continues, “Last Year, in Caniglia. Strom, the U.S. Supreme Court overturned an earlier court decision that allowed the police to enter a person’s home without a warrant and confiscate his firearms.” Ripe to Abuse These measures have the potential to be misused, which will affect law-abiding gun owners more than it will curb gun violence. This becomes a hot topic every time there’s a mass shooting. This is a backdoor attempt by law-abiding citizens to limit gun access. It masquerades as public safety. It could be even more deceitful than that. It is easy to see how abuse could be possible when you consider the recent rise in “swatting”. The ATF encouraged people to turn in their ex-partners on Valentine’s Day this Year. If this isn’t a sign that the government will encourage abuse, then I don’t know what it is. The National Rifle Association also pointed out a tweet by Rep. Eric Swalwell in which he commented on a video in which Ben Shapiro, a conservative political commentator, stated his willingness to protect his family with a firearm. Reason 1,578 America needs to have red flag laws. This is a vicious attack on a political opponent. Red flag laws are the perfect tool. Breitbart highlighted a Newsmax interview featuring Sen. Marco Rubio (R.FL). He said that Rubio noted that the federal government had “become the enforcer woke ideology in America.” This brought into question the government’s authority to enforce red flag laws. He stated that Americans were becoming more suspicious and doubtful of the government. A recent poll showed that most Americans believe red-flag laws will be misused by the government. Red Flags are being created by the media. With politicians willing to target political opposition, red flags are being created. They are creating the narrative that Republicans would be considered domestic terrorists. If you are called a domestic terrorist, that would be a red flag. Salon recently stated that domestic terrorists are now de facto terrorist organizations. Host Whoopie Goldenberg claimed that the bill was rejected because “domestic terrorists” were voting on it. i.e., Republicans. Sunny Hostin commented that the “domestic terrorists” were voting on the bill. Do you see the problem? It continues like this. This kind of rhetoric is very popular on Twitter. This new bill is a real threat to our civil liberties. There are currently 19 states that have red flag laws, but this bill would make them more widespread. States would find it difficult to reject these laws if they have a strong monetary incentive to do so. The inherent dangers of these laws are illustrated by the story of a Maryland resident who was shot to death in his Maryland home at 5:17 AM. The man was woken up by police who were enforcing an Extreme Risk Protective Order. When he realized that it was police, he answered the door with a gun. He refused to give up his gun and picked up the pistol from them. These laws do not have anything to do with gun safety and saving lives. They are all about targeting law-abiding gun owner. The bill’s architects know that gun owners are honest and law-abiding. We follow both federal and state law and pay attention to our Qs and Ps. This is why lawful gun owners will be the only ones affected by gun control measures. Criminals are criminals simply because they don’t care enough about the law. There is little chance that someone will turn in a dangerous, violent felon/gang banger. Everyone knows that they will still be violent and get a gun to target you. Let us all pray that the House will stop the Senate from passing the bill. This would be a serious blow to civil liberties in the country. They all fall when the Second Amendment is repealed. 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