Saturday, June 25, 2022

RED FLAG LAWS ARE DANGEROUS & UNCONSTITUTIONAL


To be honest, political organizations like Democrats (DNC) and Republicans (GOP) are a means of gathering resources for candidates to political office in order to meet the extraordinary expense of campaigning. Although I have since Ronald Reagan was president and began listening to Rush Limbaugh on Armed Forces radio and television while assigned to NATO LSE HQ in Izmir (Smyrna), Turkey catered toward the Republican Party; I am only concerned with politicians that are constitutional heeding the wisdom of the Founders.

As far as Rush Limbaugh, I invite you to watch a video produced by Sean Hannity remembering the celebrated Talk Show host that so many Americans came to love. His legend, his legacy lives on in the form of Clay Travis and Buck Sexton who picked up where Rush left off. However, even Travis and Sexton will admit that Limbaugh was a ”once-in-a-generation talent” (Fred Jacobs quote). Travis and Sexton are featured prominently on the Rushlimbaugh.com website, which Premiere owns, and the site will stream their show and offer Limbaugh’s archived content indefinitely for subscribers.

But I digress.

Recently a dangerous “gun bill” was passed whose gist was the promotion of “Red Flag” laws to inspire state government to enact Red Flag laws through funding. Clearly an outright bribe by the Democrat Socialists. But most disturbing is that 14 Republicans, 15 counting the Senate Majority Leader (McConnell) sided with the Democrats on this bill. Their excuse: compromise. Their constituents should ensure those RINOs never get reelected again.

Our (and I emphasize “OUR”) Constitution should NEVER be “compromised”. It is the rule of law and all state governments are duty bound to abide by the law and constitutional rights.

Those Republicans who “compromise” with the Democrat Socialists are lying to their constituents and themselves. They are going against the Republican political platform and defying the Constitution they have sworn to protect. I have posted on Facebook several times the names of those RINOs who have sided with the despicable agenda the Democrat Socialists have in mind and in their political planning. I am going to post them again those who voted with the Democrats to sign this dangerous gun bill that passed the Senate with a 65 to 33 vote. The full text of the bill can be read HERE. Here is the list of the 15 Republicans who voted “YEA” on this bill (and including one who did not vote and Minority Leader McConnell who approved it) and should be tagged in infamy:

  • Senator John Cornyn of Texas (co-sponsored the bill)

  • Mitch McConnell of Kentucky (Minority Leader who should be fired)

  • Senator Roy Blunt of Missouri

  • Senator Richard Burr of North Carolina

  • Senator Shelley Capito of West Virginia

  • Senator Bill Cassidy of Louisiana

  • Senator Susan Collins of Maine

  • Senator Joni Ernst of Iowa

  • Senator Lindsey Graham of South Carolina

  • Senator Lisa Murkowski of Alaska

  • Senator Rob Portman of Ohio

  • Senator Mitt Romney of Utah

  • Senator Thom Tillis of North Carolina

  • Senator Todd Young of Indiana

  • Senator Pat Toomey of Pennsylvania, who helped with the bill's framework.

  • Senator Kevin Cramer of North Dakota who chose not to vote.

Minority Leader McConnell released a statement: 

Our colleagues have put together a commonsense package of popular steps that will help make these horrifying incidents less likely while upholding the Second Amendment rights of law-abiding citizens.”

McConnell is lying to himself and the American people. The gun “safety” bill is offering new funding support for states and tribes who enact Red Flag laws that allows authorities to confiscate guns from individuals “deemed a threat to themselves and others”. This closes the so-called “boyfriend” loophole and subjects firearm purchasers under the age of 21 to undergo more restrictive background checks.

Within an hour of the text release of the bill, the National Rifle Association (NRA) announced their opposition to the bill and House Republicans cited why they were against the bill. The House Freedom Caucus also denounced the bill.

The NRA stated:

This legislation can be abused to restrict lawful gun purchases, infringe upon the rights of law-abiding Americans, and use federal dollars to fund gun control measures being adopted by state and local politicians.

The NRA added:

The NRA will support legislation that improves school security, promotes mental health services, and helps reduce violent crime. However, we will oppose this gun control legislation because it falls short at every level. It does little to truly address violent crime while opening the door to unnecessary burdens on the exercise of Second Amendment freedom by law-abiding gun owners. This legislation can be abused to restrict lawful gun purchases, infringe upon the rights of law-abiding Americans, and use federal dollars to fund gun control measures being adopted by state and local politicians This bill leaves too much discretion in the hands of government officials and also contains undefined and over-broad provisions- inviting interference with our constitutional freedoms. Decisions by the Supreme Court of the United States in the Heller and McDonald cases make clear that the Second Amendment is an individual constitutional freedom. We will always fight for those freedoms – and the fundamental values we have defended for over 150 years.

Defying the Second Amendment by banning firearms from law-abiding citizens as well as making “back-door” policies, Red Flag laws are wrong for the following reasons:

  • There isn't any evidence that Red Flag laws have ever or ever will reduce firearm violence. Connecticut enacted the nation's first Red Flag law in 1999, followed in turn by Indiana in 2005. And what is the conclusion of those states? Gun violence prevention is INCONCLUSIVE as determined by a study by the RAND Corporation. Other states followed: California (2016), Washington D.C., as well as Florida and Maryland, still unclear whether mass shootings have been slowed or eradicated. Indeed, they can be abused. For example, a neighbor(s) doesn't like the fact you own a firearm or firearms, so they inform the local authorities that you are a threat. RPO (Risk Protection Order) comes into effect and you find law enforcement is at your door demanding confiscation of your firearms.

  • Congress lacks the authority under the enumerated powers of the federal government in the Constitution. Powers granted in Article I, Section 8: “the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.” Regulating firearms is NOT among those powers, but has never stopped lawmakers from regulating themselves despite the fact that the Second Amendment forbids such a thing: “the right of the people to keep and bear Arms, shall not be infringed.”

  • James Madison noted that the federal government powers are “few and defined”, yet the states possess powers that “are numerous and indefinite.” Thus, 17 states and the District of Columbia have Red Flag laws. But does the Red Flag law pass the constitutional test? NO.

  • Red Flag laws violate the Constitution's due process, where the law states that no one shall be “deprived of life, liberty or property without due process of law.” Seizing property of individuals who have not been convicted of no crime violates that provision. The IRS, known by people as the “American Gestapo” has been violating that right for decades. The IRS can and will confiscate property before a trial date is set. The Democrat Socialists claim that rights are not violated because people whose firearms are taken (or in the case of property confiscation by the IRS) can “appeal to courts to reclaim their property.” This is typical of Marxist politicians who looks upon everything backwards and which as economist Raheem Williams stated: “...this backward process would imply that the Second Amendment is a privilege, not a right.”

  • More violence will be occurring with Red Flag laws, as this example demonstrates: In 2018, two Maryland police officers shot and killed a 61-year-old Gary Willis in his home after waking him at 5:17 a.m. The officers were ordered to remove guns from his home under the state's red flag laws. Confrontations like this would be the result of Red Flag laws, especially when those laws expand and the Democrat-Socialists are counting on that to happen. They will never be pleased until no citizen will be allowed to keep or bear firearms like in the United Kingdom.

  • In theory, Red Flag laws are supposed to target individuals who pose a threat to themselves or others. But the American Civil Liberties Union of Rhode Island pointed out that the law could be expanded. (abused) …. As written, a person could be subject to an extreme risk protective order (ERPO) without ever having committed, or even having threatened to commit, an act of violence with a firearm.” An example reported was an RPO (risk protection order) was a man was slapped with an RPO because he criticized teenage gun control activists online as well as shared a picture of an AR-15 he had built. Just as political correctness has evolved into the “Woke” culture and defies freedom of speech – so the Red Flag laws and its “RPO” can certainly be abused and used by corrupt authorities. Individuals who find themselves involved in such proceedings have no constitutional right to counsel.

  • Basically, Red Flag laws punish people for a “pre-crime” like which was presented in the 2002 Steven Spielberg movie “Minority Report”.

If the rash of mass shootings is to be prevented and stopped, punishing law-abiding citizens and ignoring constitutional law is NOT the answer. The problem in this issue is how degraded our society and culture has become, how inept parents have become, how family units have been degraded step-by-step by the Democrat-Socialists, as well as the degradation of common-sense morality. Marxists and social engineers are polluting our education system and destroying the young minds who will become adult citizens. Mainstream media has become the Ministers of Propaganda for the Democrat-Socialists.

When dangerous bills like this “gun safety” bill become law, it helps the American Marxists to achieve their incrementalistic agenda to destroy our constitutional Republic the Founders so wisely and judicially created.

We the People cannot let that happen. RINOs and Democrats must, in this election year, be shown the door out of our government from the federal government to the state government and even at the local level in order to reform our education system and heal our ailing culture and society as well as bringing back our moral and common-sense traditions that made our nation so great.

I would like to add:

  • Banning AR-15s, AK47s because they are being used by psychopaths to murder and because they are "scary" looking and/or has the style of military weapons is absurd. Would GM trucks be banned if found that drunk drivers drive them?
  • Allowing litigation against firearm manufacturers because a consumer used their product unlawfully is the same as suing the Ford Motor Company because a person drove one of their products while intoxicated. Absurd. 
I invite you to purchase my book at Amazon entitled: 

Our Constitution: Primer to Our Republic and Its Founders

Bring back common sense. Demand that those we elect be constitutionalists and abide by their oaths of office, as well as serve the people and abide by the constitutional clause of "limited government". Demand that our education system become places of learning what is needed for our children to become responsible, patriotic and successful adults learning to think and not blindly follow those who would destroy our constitutional republic. It is up to We the People to ....






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