Link to the December 2021 Michigan Libertarian
Red flag legislation threatens individual rights; when we express the unconstitutionality of gun control laws we generally refer to the Second Amendment. This Constitutional Amendment legally secures the right of the people to keep and bear arms. Occasionally bills, like red flag legislation, have the potential to violate additional Constitutionally secured rights. One of the latest proposed gun control laws is an example of this. It violates of the Second Amendment, and flagrantly violates the Fourth and Fifth Amendments, as well.
Red Flag Bill in the House
HR 2377, introduced in the United States House of Representatives this past April, is commonly known as the “Fed
eral Extreme Risk Protection Order Act” of 2021. If passed, it would empower the Federal government to prohibit an individual from purchasing, possessing, or receiving a firearm, without due process. Instead, it would do this with only a third-party affidavit.
It further empowers law enforcement to execute warrants, seizing any firearms and ammunition from the accused, upon issuance of the order, without trial– violating due process of the law.
It simply allows any family member, household member, law enforcement officer, neighbor, or political opponent to accuse an individual of being a threat to themselves or others. This expansion of police power will potentially put the individual in imminent danger of a federal raid. No-knock warrants and seizures have already ended in tragedy, across the country. They would create this danger solely for the purposes of taking away firearms, and violating the individual’s rights to bear those firearms.
The most unique aspect, of this bill, is the information provided to obtain such a warrant is admissible via a third party. Hearsay is inadmissible in a court, but is acceptable, under this new bill, to prevent certain individuals from owning firearms. Is it possible for law enforcement to kill innocent people based on false accusations in a sworn affidavit?
Stand Up For Your Rights
Regardless of where you stand on firearms, this bill is bad news. Don’t stand by while Congress attempts to strip individuals of their rights (under the guise of protecting people).
Find your federal representative— Tell them what you think of their excessive use of power, and to stop their unwarranted use of authority.
