Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Military courts could order ‘red flag’ gun confiscation under defense bill
americanmilitarynews.com ^ | Sept. 23, 2021 | LIZ GEORGE

Posted on 09/23/2021 5:04:16 PM PDT by PROCON

A provision in the 2022 National Defense Authorization Act would allow military courts to issue protective orders that include “Red Flag” gun confiscation, according to the more than 1,300-page bill.

In the legislation, those beholden to the United States Code of Military Justice could be issued a “military court protective order” by a military judge or magistrate, which would make “possessing, receiving, or otherwise accessing a firearm” illegal.

“A military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18,” SEC. 529 of H.R. 4350 states.

Additionally, military court protective orders issued on an emergency basis are exempted from providing the recipient with the standard “right to due process.” Instead, “notice and opportunity to be heard” must only be provided after an order was already issued.

“EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe,” the section continues. “In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent’s due process rights.”

Gun Owners of America (GOA), a pro-Second Amendment gun rights advocacy group, warned the military gun confiscation orders could provide lawmakers with a precedent to extend the rule to the general population.

“Like the proverbial camel’s nose in the tent, allowing this provision to remain in a bill pertaining to the military will eventually work its way into legislation applying to the rest of the population,” GOA wrote. “That’s why we need to raise our voices in unison against these gun confiscation orders.”

“Again, this is just the foot in the door. If Nancy Pelosi gets this into the military code, then it becomes the ‘precedent’ for enforcing gun confiscation against the rest of the population,” the group continued. “Seizing firearms first and ‘getting the Due Process later’ will never constitute sufficient Due Process, no matter how much anti-gunners may pretend it does.”

Earlier this year, President Joe Biden urged Congress to pass a federal “red flag” gun confiscation law.

“The President urges Congress to pass an appropriate national ‘red flag’ law, as well as legislation incentivizing states to pass ‘red flag’ laws of their own. In the interim, the Justice Department’s published model legislation will make it easier for states that want to adopt red flag laws to do,” a White House said in a statement.


TOPICS: Military/Veterans
KEYWORDS: 2ndamendment; banglist; biden; gunconfiscation; military; nancypelosi; redflaglaws; rkba; ucmj
Navigation: use the links below to view more comments.
first 1-2021-4041-52 next last
We know these diabolical democrats want our firearms and they're damn sneaky about it!


1 posted on 09/23/2021 5:04:16 PM PDT by PROCON
[ Post Reply | Private Reply | View Replies]

To: mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ...

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

2 posted on 09/23/2021 5:04:50 PM PDT by PROCON (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PROCON

No mention as to why they might red flag someone. Refusing to take the vax means you’re nuts so now you can’t have a gun?


3 posted on 09/23/2021 5:07:08 PM PDT by Pollard (Some people like to argue just to argue.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollard

That would merely be the beginning.


4 posted on 09/23/2021 5:10:28 PM PDT by KC_Lion
[ Post Reply | Private Reply | To 3 | View Replies]

To: PROCON

No way. Fight ‘em. If they want a civil war then let’s have at it. Too many of us, I suspect, if Patriots just keep the faith and fight for their God-given freedoms.


5 posted on 09/23/2021 5:10:33 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PROCON

Though the dems may try this route, civilians are NOT subject to UCMJ.


6 posted on 09/23/2021 5:11:29 PM PDT by ScottinVA (Enough. Divide the country.. now. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollard

Slo Joe sure has a way of endearing himself to his “subjects”.

Answer to his Demand? NO WAY. Period. End Trans


7 posted on 09/23/2021 5:11:50 PM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
[ Post Reply | Private Reply | To 3 | View Replies]

To: PROCON

“Come and take it!”


8 posted on 09/23/2021 5:12:18 PM PDT by lee martell
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollard

That’s one possibility.


9 posted on 09/23/2021 5:15:05 PM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
[ Post Reply | Private Reply | To 3 | View Replies]

To: PROCON

The Democrats have resorted to passing clearly unconstitutional laws hoping they will survive long enough before being declared as such to get past a current crisis.


10 posted on 09/23/2021 5:15:13 PM PDT by Rowdyone
[ Post Reply | Private Reply | To 2 | View Replies]

To: ScottinVA
civilians are NOT subject to UCMJ.

C'mon man, read the article.

Gun Owners of America (GOA), a pro-Second Amendment gun rights advocacy group, warned the military gun confiscation orders could provide lawmakers with a precedent to extend the rule to the general population.

“Like the proverbial camel’s nose in the tent, allowing this provision to remain in a bill pertaining to the military will eventually work its way into legislation applying to the rest of the population,” GOA wrote. “That’s why we need to raise our voices in unison against these gun confiscation orders.”

11 posted on 09/23/2021 5:15:15 PM PDT by PROCON (Sic Semper Tyrannis)
[ Post Reply | Private Reply | To 6 | View Replies]

To: KC_Lion

White conservatives are extremists

Extremists get red flagged


12 posted on 09/23/2021 5:17:29 PM PDT by Pollard (Some people like to argue just to argue.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Pollard

That would definitely be one of many many reasons.


13 posted on 09/23/2021 5:21:57 PM PDT by hardspunned (former GOP globalist stooge)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Jim W N

I saw otherwise brave, strong Patriots line up at the Connecticut state police barracks to register.

They hid their face. I saw and identified them all as internet tough guys.

Resistance will only be found in the south. By then balkanization of the USA should be priority.


14 posted on 09/23/2021 5:21:57 PM PDT by Celerity
[ Post Reply | Private Reply | To 5 | View Replies]

To: PROCON

I read the article. Civilians are not subject to military courts.


15 posted on 09/23/2021 5:22:29 PM PDT by ScottinVA (Enough. Divide the country.. now. )
[ Post Reply | Private Reply | To 11 | View Replies]

To: ScottinVA

They’ll get around to us, don’t worry.


16 posted on 09/23/2021 5:23:03 PM PDT by hardspunned (former GOP globalist stooge)
[ Post Reply | Private Reply | To 6 | View Replies]

To: PROCON; markomalley; DYngbld; TADSLOS; xsrdx; big'ol_freeper; Mark17; mikefive; JDoutrider; ...

Ping.


17 posted on 09/23/2021 5:24:09 PM PDT by Jet Jaguar (Fascists never think they’re the fascists.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pollard

“Refusing to take the vax means you’re nuts so now you can’t have a gun?”

I’m pretty sure that in democrat world having a gun means you’re nuts so now you can’t have a gun.


18 posted on 09/23/2021 5:31:31 PM PDT by suthener ( )
[ Post Reply | Private Reply | To 3 | View Replies]

To: Pollard

I have been to many major Army bases. There is a difference between on post and off. I would like to see how going off post like Bragg or Benning and trying to push gun grab BS. I know they may try and use ATF,local law enforcement,CID and MPs based on the orders of a woke post commander. They will never win.


19 posted on 09/23/2021 5:38:52 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
[ Post Reply | Private Reply | To 12 | View Replies]

To: PROCON

Its like turning everyone who hates 2a self defense into a woman. Who can lie about anything against a man and she swats him with cops. Female heresay becomes enough to violate a mans’ rights, but its wrong that the mans own words don’t count as evidence to keep the police from violating his rights.

Now this is just an extension of what gynosociety has set the precedent for. Believe me, everyone, male and female, has people that personaly dislike and even hate them, and these people are the people tat would dothis, just to mes up your life. An ex friend, an ex wife, an ex, a coworker or former one, relatives that hate you, ex relatives, their spouses, etc. People who dont like your online posts.

Everyone can be affected by heresay like this and you never see your accuser. Government could even create an imaginary accuser and go after you, you will never know.


20 posted on 09/23/2021 5:41:37 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-52 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson