The federal government should not be bribing states to adopt unconstitutional “red flag” laws that, without due process, deprive individuals of their Second Amendment right to keep and bear arms. I offered an amendment to the House Judiciary Committee’s budget legislation to prevent any money from being spent in any manner resulting in the denial, without due process, of an individual’s Second Amendment rights. Gun-grabbing House Democrats on the committee defeated the amendment.
Just last year, the House Judiciary Committee considered legislation that would have paid states or tribes to enact laws that allow anyone to petition a court for an extreme risk protection order to be issued. The issuance of an ex parte extreme risk protection order permits law enforcement to seize firearms without granting the respondent the right to a briefing. Seized firearms can be held by law enforcement for up to a month before a respondent has a chance for a hearing. When the respondent finally gets his day in court, the government only needs to prove by a “preponderance of the evidence” that the respondent poses a danger to strip the respondent’s gun rights away.
Law-abiding citizens should not lose their right to purchase or possess a firearm due to an extreme risk protection order issued without due process and with such a low evidentiary standard. The Massie amendment would have ensured that none of the $2.5 billion included in the Judiciary Committee’s budget legislation for “community violence intervention initiatives” could have been spent in furtherance of dubious “red flag” extreme risk protection orders.SHOW LESS