Posted on 03/14/2019 8:13:00 AM PDT by Sopater
Is more gun control legislation coming to Congress?
The 2018 midterm elections produced a split Congress with Democrats gaining control of the House and Republicans gaining seats in the Senate.
The change in House leadership will signal changes in gun control legislation in the near future. The Guardian has detailed House Democrats’ desire to pass gun control legislation in the upcoming Congress:
“Ted Deutch, a Democratic congressman from Florida who represents Parkland, where a February school shooting left 17 dead, said this week that he expected House Democrats to focus on bills with more bipartisan support. Those measures included bump stock bans and “extreme risk protection orders”, also known as red flag laws, which give law enforcement and family members a way to petition a court to temporarily bar an unstable person from buying or owning guns.”
Red flag laws might just be the “come together” moment establishment politicians have been looking for.
Red flag laws or Extreme Risk Protection Orders (ERPOs) are the euphemistic label for new gun-control measures. Under red flag laws, law enforcement has the ability to confiscate an individual’s firearms who is deemed a threat to themselves or others. A simple accusation from a family member, friend, or associate will suffice to seize someone’s firearms.
These laws, mind you, operate in the absence of due process. The accused can have their weapons confiscated without even so much as a hearing a before a judge. It could take months before a gun owner would have to appear in court to win back his gun rights.
Thirteen states currently have red flag laws on the books, with dozens more filing their own versions. What started out as a state-level movement may have some legs at the federal level. Although it’s true that Congressional Democrats are making gun control a major theme of their legislative agenda, it’s naïve to think red flag laws are only relevant because of “gun-grabbing” Democrats have taken power.
As we’ll see below, red flag laws have a history of bipartisan support. And when any piece of legislation has Democrats and Republicans locking arms in agreement, you know trouble lies ahead.
Despite the passionate campaign rhetoric, a significant portion of Republican politicians will change colors on gun rights once in DC. Several GOP members in the upcoming Congress are notable when it comes to their gun control advocacy:
Lindsay Graham: The South Carolina Senator already introduced a red flag bill earlier this year. With the 116th Congress right around the corner, Graham will likely reach across the aisle with Democrat colleagues to move red flag legislation forward. Graham has opined that red flag legislation is the “place where we begin a long-overdue discussion about firearms and mental health. But we must start.”
Marco Rubio: Following the Parkland shootings, Rubio joined the gun control chorus by sponsoring a red flag bill along with Democrat Senators Joe Manchin, Bill Nelson, & Jack Reed. Rubio has even flirted with the idea of regulations on magazine clips, raising the minimum age to buy certain firearms like AR-15s, and tweaking the current background check system.
Rick Scott: the Former Governor of Florida (and now a U.S. Senator from Florida), Rick Scott poses an interesting threat to gun rights. Despite his ostensibly pro-gun rhetoric, Scott signed SB 7026 Florida’s most expansive gun control measure in recent history. Scott’s SB 7026 contains red flag provisions, raises the age to buy a firearm to 21, and imposes a three-day waiting period for all firearms purchases.
Trump Administration: Even the Executive branch is joining in on the red-flag craze. The Trump Administration’s Commission on School Safety recently released a report recommending red flag laws as a means to “address school safety and violence.” It’s likely only a matter of time before legislation is introduced in either chamber of Congress now that the Trump administration has endorsed red flag laws.
Larry Hogan, the Republican Governor of Maryland, recently signed a series of gun bills, one which included a red flag law. In October, the first month Maryland’s red flag law went into effect, there were 114 requests to confiscate individuals’ firearms.
Maryland’s red flag law has not been without its fair share of controversy. At 5 a.m on Monday, November 5, two police officers came knocking on 61-year-old Gary Willis’ door to serve him a court order mandating that he turn over his guns. What seemed like a typical court order, quickly turned deadly as one of the cops shot and killed Willis in a struggle that ensued. Quick to defend one of his own, Anne Arundel County Police Chief Timothy Altomare defended the cops’ action by callously claiming that they “did the best they could with the situation they had.”
The tragic incident in Maryland is an ominous sign of what may be to come should red flag laws gain more traction.
But states like mine in Michigan are trying this shit, too ....
“Generally, that is the way I see this. You can’t just take a guy’s guns on heresay of scared people. He has a right to a day in court before you simply take away his rights.”
You are a funny guy.
And the standard should be, at a minimum, clear and convincing rather than a preponderance of the evidence. And perhaps it should be "beyond a reasonable doubt."
Agreed. The burden on the government has to be high. For the truly loony types who scare the crap out of the rest of us, that shouldn’t be a difficult burden to meet.
The several States too have constitutions. It may be that the state itself doesn’t have a delegated power for these laws.
The legal profession is collectively dedicated to this current lawlessness because of things like excessive devotion to Stare Decius (even the Court plays no lawful role in amending the Constitution and altering the meaning agreed to by those that Ratified the Law is basically, fundamentally amending on the cheap). The Left doubly so. This is not just where the federal is concerned either.
No, not even a mother-in-law. The Constitution protects every Citizen.
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I rather like this idea. One more thing to add to it though: If anything happens to me or my property in the interim that might reasonably have been prevented with said firearms, then the accuser is also liable for all of those damages, in addition to paying for the “rental” of the firearms for the period.
The coming rebellion. Same mistakes not learned from King George. This time with semi and full auto rifles.
This will be abused and used for political retaliation. No way would I trust any level of government to exercise this power.
The 800 pound gorilla in the room asks this question: What are the ramifications for someone who falsely accuses someone in order to have their weapons taken away. Will false accusers be arrested and face severe punishment, jail time, etc. ala Jusse Smollett? Suppose the falsely accused individual hurts or kills police officers as a result of all of this stupidity? Does the false accuser do the time for the crime? On their face, these red-flag laws appear to be very dumb.
Let’s hope for a quick trip to the USSC.Actually it will take a long time and many people will lose their guns. Most will not get them back no matter what the Court decides.
“I personally don’t have a problem with the concept, but it has to include notice and a right to be heard before a judge before any weapons are confiscated.” Etc.
What about proper storage and handling of the firearms? Some collectors firearms have a high value which could be diminished by improper handling and storage. Grandpa’s double barrel has a high sentimental value.
Since any armed potential victim is a threat to an attacker (an "other"), confiscate ALL CC holders' weapons!
If they cannot be trusted to be armed, they should not be running around loose.
Tell that to New Jersey and New York. It is damned near impossible for the unconnected to get a carry permit (which in itself is an unconstitutional infringement) yet left wing judges uphold it.
Anent this “bipartisan” cr@p: adding a provision to punish false accusers & compensate those falsely accused (great idea of yours to give standing to the falsely accused to sue for damages) will seem a reasonable safeguard to some.
But to gungrabbers pushing Red Flag as a covert means of confiscation it will be regarded as a poison pill meant to queer the whole deal.
Lindsey Graham’s townhall on the 26th will be interesting to say the least. I voted for that b@stard just once when he filled the late Strom Thurmond’s slot but have voted against him ever since. He is a snake and chameleon combined.
Shall Not Be Infringed, (unless your significant other gets pissed off at you)...
Not the way it worked with the first ‘trial run’ in my State.
LE removed all the firearms from the home of a man whose nephew made a statement at school about accessing them. That statement was overheard by another 14 year old, who told her mother, who called the police, who called a judge that granted the order.
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