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So-called Red Flag laws: An unconstitutional solution to a non-existent problem

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So-called Red Flag laws An unconstitutional solution to a non-existent problem

As with most Leftist affronts to Liberty, unconstitutional gun confiscation SWATing or so-called ‘Red Flag’ laws are based on a lie. The usual contention is that these laws that eviscerate basic constitutional protections of due process are desperately needed because there are no other means to deal with people who are alleged to be a danger to themselves or others. Our previous article on the subject dealt with this outright falsehood. There are laws and procedures for involuntary civil commitments already on the books to handle these extreme situations. In the case of Florida and the Parkland mass murder, the “The Baker Act” was already in place, but the authorities failed to take action in time. Other states such as Colorado already have procedures in place for Mental Health Holds.

The existence of these laws have been ignored in the effort to ‘enhance’ the government’s ability to confiscate guns. Its just another case of the Left exploiting a tragedy to ‘Rahm’ through new laws to deprive the people of their means of self-defense.

Laws built on lies

Most articles on what is supposedly the urgent need for gun confiscation SWATing or ‘Red Flag’ laws will make vague allusions there are no other ways of handling these situations to the point of asserting that the government has never had the authority to deal with these situations.

State governments clearly have these abilities, but the existing laws protect the Constitutional rights of the accused without having the primary purpose of confiscating guns – an intolerable situation for the authoritarian Left that sees 120 million gun owners as a threat simply because they are gun owners.

Why violate one human right when several can be attacked at once?

Leftists seem to be in some perverse competition to see which one of them can conjure up new laws to attack Liberty in as many ways as possible. For them, it’s a more efficient form of tyranny with one law doing the work of several. What better way to suppress Liberty than to confiscate guns because of someone exercising their right of free speech while destroying due process protections?

The dangerous implications to the 1st Amendment

These laws will have devastating consequences for the natural right of free speech. It will only take one concerned person in the group of people who can initiate these actions to decide an innocent gun owner is guilty of ‘thoughtcrime’ to have their property confiscated. The odds are that the Left will also expand who can initiate these gun confiscation SWATings and streamline the process.

This will only serve to further stigmatize gun owners and suppress their right of free speech. Talk too much about the human right of self-defense and the law-abiding could experience a knock on the door at 5:00 AM with property confiscation conducted at gunpoint. One would then have a protracted legal battle on their hands to prove they are innocent after being treated as guilty with all manner of legal costs and red tape just to have their property returned.

The 2nd Amendment – the primary target

In their ongoing efforts to rid the nation of Liberty, the Left has decided that it should be illegal to defend oneself. Thus they have expended copious amounts of digital ink in demanding the death of the 2nd amendment and the confiscation of guns. They are perfectly willing to do this one innocent gun owner at a time if they have to. Never mind that the common sense human right of self-defense is the bedrock of the Bill or Rights. They have no use for the limitations of their power afforded by the Constitution, much less the Liberty conserving provisions of the Bill of Rights.

But wait, there’s more – The 4th and 5th amendments also on the chopping block

These laws turn the presumption of innocence on its head, forcing the victim of one of these gun confiscation raids to have to prove they aren’t guilty of thoughtcrime before they can get their property returned. Not to mention the ‘ex parte’ nature of these proceedings depriving innocent of the critical right of due process and the right to face one’s accuser before these confiscations take place. Lastly, there is the takings clause applicable to the private property being taken for public use since not many innocent gun owners will have the means for a protracted legal battle with the government, resulting in the loss of private property.

Why the focus on firearms?-

The existing laws for Involuntary Civil Commitment are not only superior in protecting everyone’s civil rights. They also serve to keep people from harm by other means. The unconstitutional practice of gun confiscation SWATing only addresses the issue of guns, leaving the supposed danger to society free to use alternative methods to cause harm.

If safety is the point of the so-called ‘Red Flag’ or ‘ERPO’ laws, then why aren’t their proponents concerned about this issue? If someone has their guns taken away suddenly by unconstitutional means, what’s to stop them from using explosives – flour, etc.- from carrying out their deadly deeds? Suppose an alleged ‘danger to society’ no longer has their guns, but still has a motorized vehicle or the ability to make edged weaponry. What about that circumstance?

Well, if it were really the case in that these people are concerned about other people’s welfare to the point of having them committed, they would have to follow the rule of law and afford the target their right of due process, etc. They wouldn’t be able to take someone’s means of self-defense just on the word of some other aggrieved party. It wouldn’t serve their desire for gun confiscation and gun confiscation alone, so it has no usefulness for them.

Things aren’t going according to plan for the Liberty Grabber Left

The progression for the Left has always been one of control, registration and then confiscation. They used to think that it was just a matter of time before Intergalactic Background Checks would be put in place, then registration would be required – both of which would do nothing to keep people safe or ‘cut down on the carnage’. It was all supposed to happen as it did in the UK and Australia. Intergalactic Background Checks, registration, then confiscation.

But that isn’t happening, despite the baseless polling to the contrary, everyone isn’t clamoring to have the government control their private property. Most of the Pro-Liberty see the danger in this control, with it leading to registration, followed by confiscation. Most on both sides have already admitted that Intergalactic Background Checks don’t work, that the dirty little secret being that these have no other purpose than as a stepping stones to confiscation.

The Takeaway

As others have indicated, Leftists aren’t anti-gun, they are anti-Liberty. They love to see them in the hands of the ‘politically correct’, but cannot deal with them in the hands of the right people.

Leftists desperately want to deprive the Pro-Liberty Right of their guns. These firearms represent a vitally important and final check on unlimited governmental power. It’s the primary bulwark against them attaining government power to attain their wondrous utopia they desire. They are so desperate to remove it that they will confiscate them one innocent person at a time, without a care for its effects on safety or Liberty.


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1 Comment

  1. Gene Ralno

    January 18, 2019 at 9:45 pm

    Fact is, red flag laws are intended to remove firearms from the hands of deranged persons but aren’t crafted to succeed. No state thus far has crafted a law that ensures the disarmed person is deranged. Seems they empower mothers, fathers, brothers, sisters, sons, daughters, uncles, cousins, friends, neighbors, judges, police officers, boyfriends, girlfriends and everyone except those actually qualified to judge mental competence. Bills in other states would allow classmates to partner with judges to the ones they don’t like.

    Until two independently chosen psychiatrists, one from each side of the dispute, analyze and formally issue an opinion, these confiscations are devoid of due process. Besides, judges and police officers don’t wish to be saddled with the responsibility and potential litigation because they know they’re not qualified. It’ll never end with these radical leftists. Perhaps under the choke-point strategy, mortgagees, auto lien holders and insurers will be empowered to confiscate. Think about those notions when you vote and carefully consider the consequences of not voting.

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Democrats

If only one Democrat, mainstream media shill, or Hollywood snowflake admitted they were wrong about Mueller…

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If only one Democrat mainstream media shill or Hollywood snowflake admitted they were wrong about Mu

My nasty, terrible, awful secret is that deep down, I thought Donald Trump Jr. colluded with the Russians. I know what you’re thinking. “How did you fall for the media’s fake news?” As ashamed as I am of this revelation, I figured based on the information being circulated, it made sense that Don Jr. got a tip that could help his father and he likely acted on it.

Following the summary of Robert Mueller’s investigation report that claimed there was no collusion by the Trump campaign, I’m pleased to acknowledge that I was wrong. Of course, I’m not a Democrat, a mainstream media shill, or a Hollywood snowflake. I’m just an innocent conservative who fell for onslaught of “bombshell” reports.

I was wrong and I’m happy about that.

Now, try to find anyone in the opposition party in newsrooms, Hollywood, or the DNC who is willing to admit they were wrong this whole time. Anyone? ANYONE?

Here’s the thing. If there’s one thing that would help heal this nation’s divide, it would be the Democrats coming out and acknowledging they made a huge mistake following faulty reports and wishful thinking that led them to believe in something that simply wasn’t there. Aren’t the Democrats about uniting the nation? Aren’t they the ones always saying the nation’s divided and it needs to be fixed?

I’m one of those people who likes many of the things the President is doing while not liking the way he’s doing it. But I’m also the type of person who can acknowledge when I was misled, and after falling for the witch hunt hoax of the century, I have no problem doing so now.

Therefore, I call on those who helped spread the Russian-Trump collusion narrative to publicly admit they were spreading the rumors from their own echo chamber and turning it into what they would consider to be news. If they can do that, I’ll actually regain a smidgen of respect for them.

It’s hard to admit when you’re wrong. I get it. But the nation is truly divided and the Russian-collusion fake news witch hunt hoax is the primary culprit of the last two years. Grow some integrity and acknowledge your errors, Democrats.

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Democrats

Releasing the full Mueller report would destroy the Democratic Party for 2020 if it’s clean

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Releasing the full Mueller report would destroy the Democratic Party for 2020 if its clean

Let’s play the hypothetical game. Now that Attorney General William Barr’s summary of Robert Mueller’s Russian election hacking report has indicated the President and his campaign did not collude with the Russians, the only thing the left can do is hope for a release of the full report. In it, they hope to find evidence that there really was collusion and possibly obstruction of justice, but not enough evidence to indict anyone on it. In the court of public opinion, it may be enough to win the 2020 election.

But what if there’s nothing? What if the Mueller report makes it even more clear than AG Barr’s conclusion that collusion didn’t occur? In that scenario, releasing the report would give the GOP every ounce of ammunition they need to sink the Democratic Party for the foreseeable future.

Imagine all the soundbites and Tweets of Democrats, media shills, and Hollywood activists over the last 22 months declaring with a certainty that the investigation was necessary, that it would yield fruit, and that it wasn’t a witch hunt. Now, imagine a Republican Party that was actually savvy when it comes to winning elections. I know it’s difficult to picture based on RNC’s campaign illiteracy, but try your hardest to picture effectiveness in campaign messaging by the GOP. Such a scenario would put dozens of Democrats across the nation in jeopardy based solely on the gigantic waste of time, energy, and personal investment.

They promised us they were going to take down the President and prove he stole the 2016 election. They banked on the notion that the only reason Hillary Clinton lost is because Donald Trump cheated. They screamed through tears of desperation in trying to protect Mueller because they assumed the President would fire him. When none of those things panned out, they revealed their attempts to rally the people for a righteous cause were actually manifestations of their Trump Derangement Syndrome.

Can you imagine all that? Good. Now, let’s look at the reality of the situation.

If the report is not released soon, it’s very likely there are things in there that the President doesn’t want made public. There would be no other reason to keep it sealed, especially after declaring that it should be released. The shadow of the report is going to grow much bigger than the meat of the report itself. The left is already playing like the Barr summary was just a smokescreen so the administration could keep the report sealed without getting backlash.

On the other hand, holding the report back for a little while could be the 4D chess we always hear about in regards to the President’s campaign strategies. If he can get the left banking even more on the report as their smoking gun before releasing it to reveal a giant nothingburger, it may not just be a few dozen Democrats across the nation in sudden election jeopardy. It could be the end for literally hundreds of them.

Don’t assume if the report gets held from the public for a while that it has something bad in it. If it gets released in a month or two after every Democratic candidate screams for it, then the nothinburger will be a poison pill for their whole party.

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Culture and Religion

First they came for the gun owners….

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First they came for the gun owners

…but I didn’t say anything because I didn’t own a gun.

One of the more infuriating aspects of the Left’s game of denying reality with their little ‘That wasn’t really socialism’ is that there are distinct parallels between their agenda and that of other socialist nations, past and present. They all have a similar process of imposing socialistic slavery with a specific national agenda. A key part being the deprivation of the means of self-defense to their citizens and those who posses these means.

Denying the right of self-defense is a fundamental aspect of socialism

It is a fact of history that gun confiscation is an integral part of implementing of a socialist national agenda. The USSR required the people to turn in their guns, as did the German national socialist worker’s party. As was Fidel Castro’s response in the question of whether the people should have guns as or the United Socialist Party of Venezuela confiscating guns from the people for their own safety, of course.

These have all taken place at the onset of socialistic slavery, but somehow the new version isn’t the same because reasons. Leftists aren’t really trying to set up a governmental monopoly on the use of force, they are just trying to protect the children* [ *unborn and under 9 months old excluded ]. Even though it has been proven time and again that their repression of Liberty does not work as advertised.

The liberty grabber left is now celebrating the destruction of basic civil liberties

Where this subject not so deadly serious, it would be comical to still witness leftists parroting the ‘No one is talking about gun confiscation’ or a variant thereof. Meanwhile they can scarcely contain themselves in the glee over New Zealand Prime Minister Jacinda Ardern seizing on their ‘serious crisis’ to confiscate guns with tweets looking to replicate the destruction of a basic human right in the states.

It is more than a coincidence that the tempo of the drum beat for liberty control has increased while the ideological fraud of socialism is being forced on the people. After a long winded piece gloating about leftist victories over liberty, an opinion piece in Bloomberg has even suggested that Chief Justice John Roberts seize on the serious crisis in New Zealand, using it to destroy this basic civil liberty.

Citizens turned into subjects with a change in the relationship between the people and the government

The genius of the founding fathers is that they recognized that down through history, people have had varying relationships with government. In most cases it was one of the government having a monopoly on the use of force. On occasion the people would challenge this monopoly and change the government, but only after an ensuing orgy of carnage and death.

The founders set forth a new paradigm, that of government by the consent of the people with a semblance of parity via a distributed ability to use force. The nation’s Socialist-Left would like to change or ‘reform’ that paradigm back to the old-fashioned version of the government being the sole purveyor of force. Please note that we are dispensing with the tired old line of the left that this is not what they want. They have made this quite clear over the past few years to the point that anyone that is informed of the issue recognizes that this is just another lie on their part.

“He that would make his own liberty secure must guard even his enemy from oppression.” – Thomas Paine

Relegating gun owners to 2nd class citizenship

Those of us who haven’t traded, sold or lost all of our guns in a boating accident are a persecuted class these days. The situation is much akin to a baseball pitching machine throwing fastballs over and over again without let-up. With all kinds of new laws being proposed at state and federal levels that range from invasive Intergalactic Background Checks, liability insurance requirements, gun registration and of course, gun confiscation SWATing legislation.

The destruction of basic civil liberties will only begin with gun owners

Every citizen of the nation is protected with basic Constitutional principles and civil rights including due process, the presumption of innocence and the right to face one’s accuser.

The gun owner has been excluded from these basic civil liberties in some states, and if the liberty grabbers had their way, such would be the case nationwide. With just the flimsiest insinuation of being ‘dangerous’ a gun owner [or those who are merely accused of being a gun owner] will be subjected to gun confiscation raid from the authorities.

This will be just the beginning of the ordeal – if they survive the SWAT team coming at 5:00 AM without warning. Our 2nd class citizen will have to prove they aren’t ‘dangerous’ after they have effectively found guilty in a star chamber. It will only be after spending thousands of dollars in legal fees that they may get their property back in less than stellar condition. The trend is to set gun owners below the legal status of accused criminals in the eyes of the justice system.

We’re just starting on the slippery slope

Fresh from their moves against the basic human right of self-preservation, the chief censor of the government of New Zealand has arbitrarily decided that certain ideas are beyond the pale, sparking a debate over free speech as reported by the Associated Press. This of course is another ongoing controversy in the states over the issue of political correctness and ‘Hate speech’. This shows that isn’t just about ‘military style assault weapons’ or whatever is the phrase at the moment, this is a question of liberty, something the people who use a similar sounding label used to pretend to support.

Make no mistake, the legislative mechanisms and regulations used to deprive gun owners of their commonsense human and civil rights will be used on others if they are allowed to stand. A civil liberties group in California made the point that one doesn’t have to be a gun owner to be subjected to gun confiscation SWATing. If they can go after the property of a gun owner in one instance, because they don’t like their attitude, what’s to stop them from going after a journalist or other type of activist? These orders only have to allege someone is dangerous with little evidence, much less proof that they own a gun. What’s to stop them from deciding free-speech is dangerous or ‘offensive’ necessitating that their computers or cell phones should be seized – at gunpoint no less?

The Takeaway

The whole point of the ‘first they came for’ series is that authoritarians rarely go after everyone at once. They are very careful in picking their targets for their oppression with the tactic of divide and conquer. Today it’s the people who own guns, tomorrow it will be those who don’t conform to the precepts of ‘political correctness’.

This is why President John F. Kennedy stated that: “The rights of every man are diminished when the rights of one man are threatened.”

This is why everyone should be concerned at the headlong rush to denigrate the right of self-defense. And why everyone should be horrified that the government could even consider jettisoning the basic civil liberty of due process and the presumption of innocence. The loss of basic civil rights for some will mean the loss for everyone.

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