Another great reason why we need to dump the duopoly and vote libertarian.
Senator Marco Rubio (R-FL) has introduced S.292 — Extreme Risk Protection Order and Violence Prevention Act of 2021, and he has garnered support from the gun-grabbing Democrats and Republicans alike. On Wednesday, this latest Red Flag gun confiscation bill, gets a hearing in the Senate Judiciary Committee, which includes notorious gun grabbers like Dianne Feinstein (D-CA) and Dick Durbin (D-IL).
Unlike red flag legislation on which TFTP has reported in the past which involve state laws, S.292 will apply to all states and Indian Tribes. Under the guise of a “grant program” the bill will bribe states to enact the most comprehensive red flag law we’ve ever seen.
The Assistant Attorney General shall make grants to an eligible State or Indian Tribe to assist the State or Indian Tribe in carrying out the provisions of a qualifying State or Tribal law.
S.292 is described as a bill:
To provide family members of an individual who they fear is a danger to himself, herself, or others, or law enforcement, with new tools to prevent gun violence.
However, as the Free Thought Project has reported in the past, these “tools” have failed repeatedly and pave the way for rampant abuse. Naturally, the “fact checkers” have already taken to defending the bill, claiming that it doesn’t remove due process.
However, citizens who are targeted by these laws will be deemed guilty first, and only after their guns are taken will they have a chance to defend themselves in court. This is de facto removal of due process.
According to the legislation, “If the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, the court shall issue an extreme risk protection order for a period the court determines is appropriate, which may not exceed 12 months.”
This “clear and convincing evidence” can be presented over the telephone, according to the legislation.
A court may conduct the hearing required under clause (i) by telephone, pursuant to local court rules.
There is a reason murder trials are conducted on telephones.
Under the Fifth and Fourteenth Amendments, due process clauses are in place to act as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. It is a fact that a person can be denied life, liberty and property outside the sanction of the law under red flag legislation. Although it may be temporary, this is a difference only in degree — not in kind.
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