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Gun Confiscation SWATing: Shooting down due process

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A new video from the Firearms Policy Coalition highlights the dangers to Liberty and due process posed by so-called ‘Red Flag’ Laws.

Gun confiscation SWATing, Extreme risk protective orders or so-call ‘Red Flag’ Laws are all the rage of the Liberty grabber Left and RINO’s these days. It’s bad enough that these unnecessary and unconstitutional violations of everyone’s due process rights are being ‘Rahmed’ through on a state level. But both the US House and Senate have their own versions. The latter co-sponsored by Senator Marco ‘RINO’ Rubio (R-FL) with the Senate Judiciary Committee to hold hearings on March 26.

In a case of trying to solve a rare but emotionally charged problem, these will only serve to create an even bigger problem destroying several civil and human rights in the process. We’ve already established that this type of legislation is unnecessary since Involuntary Civil Commitment laws that protect due process rights are already on the books. Thus we have woefully unconstitutional gun confiscation coupled with and evisceration of due process rights. It’s enough to have any tyrant glow with pride.

The video presented here while being about a short-term victory for Liberty and individual human rights raises some critically important issues with Gun confiscation SWATing. The video is about the rejection of a bill to expand the destruction of due process protections and government overreach in the ‘People’s Republic of California’. Specifically CA AB 61 Sponsored by: Asm. Phil Ting (D-19) to expand these outrages against Liberty.

Expanding who can call for a Gun confiscation SWATing

One ‘feature’ of this bill was to open up who can call for a Gun confiscation SWATing to co-workers, or other people in a school [2:30 min mark]. Of course, this expansion is exactly why these gun confiscation orders bereft of due process are so dangerous. Once the Liberty grabber Left has their foot in the door initiating this kind of gun confiscation. It’s just a matter of their opening up of who can call for these outrages to just about anyone. Simultaneously having someone’s property confiscated while ruining their life with this permanent mark on their record.

A representative from the California Civil Liberties advocacy group speaking in opposition to this bill made the point that while these are similar to easily obtained temporary restraining orders, these become a permanent mark on someone’s criminal record even if it is lifted.

Testimony from a representative from the American Civil Liberties Union of Northern California [6:52 min mark] pointed out that while they are in favour of gun control, they oppose these measures that do not protect due process rights. The testimony was that this expansion of the people who can call for this kind of gun confiscation is very problematic. That the subject [or victims if you will] of these confiscations will not have been accused of a crime and won’t even know this one-sided ‘judicial’ process is taking place until the SWAT team breaks down their door a 4:00 AM.

The representative from the American Civil Liberties Union of Northern California was also concerned as to how this ‘process’ would take place. Side note: it resulted in the death of an innocent man in Maryland.

She also pointed out that the ‘subject’ of the gun confiscation order might not even own a gun. This would bring on a whole new set of complications. What are the law enforcement officers supposed to do when even the most extensive search fails to turn up any firearms?

Still further on, she noted that the Law allowed someone to initiate one of these gun confiscation search orders on some they encountered 6 months before. Pointing out that the supposed urgency of the situation, allowing a 6 month window of opportunity is inconsistent with the alleged urgency of the issue.

Violating the Constitutional principle of Due Process

The host then reiterated the unconstitutional issue with these Gun confiscation SWATing orders. That not only is this about the taking of someone’s property and means of self-defence, but they also violate due process. That this isn’t just about the 2nd amendment.

He also pointed out that many of the Liberty grabber set consider anyone who owns a gun to be ‘dangerous’. Much like the idea of ‘hate speech’ the criteria for who should be subjected to a Gun confiscation SWATing is severely undefined while those who can call for this is being expanded to just about anyone.

The danger of ‘Settling a score’ with someone with a gun confiscation SWATing

There is the danger that someone could use these SWATing orders to ‘settle a score’ with someone – even if they don’t own a gun. In fact, it could be worse for the person in that situation since law enforcement would be incentivized to become more intense in searching for something that doesn’t exist. What is there to stop someone from using the threat of bringing one of these down on someone as a form of extortion?

Criminals are now being treated better than the innocent

A representative from another civil rights organisation, the Gun Owners of California brought up the point that criminals are now being treated better than the innocent. That those accused of a crime have better procedures that those who have done nothing wrong. In addition, he pointed out that it’s not the worst case scenario that someone would just lose their guns for 21 days [and have a permanent black mark on their record]. But having been deprived of the means of self-defense, they or their family members could be killed or severely injured as a result of one of these orders

Ignoring measures that work

Further on in the video when the measure has been voted down, the author invokes the protection of the children without considering measures that would actually accomplish the task such as getting rid of so-called ‘gun free’ zones, having some teachers armed and the hiring ex-military personnel to guard schools.

The Takeaway

While the Democratic majority thankfully voted down this outrage against Liberty, the issues raised are applicable to the push for these things at the Federal and state levels.

These are extremely dangerous infringements on not only the common sense human right of self-defense, but also due process and the right to privacy. They are not only extremely dangerous infringements, but unnecessary as well. We all will rue the day if we let this government overreach to solve a rare but emotional issue and deprive every one of their due process rights.

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Guns and Crime

‘Breastfeeding’ illegal alien Maria Domingo-Garcia charged with identity fraud

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Breastfeeding illegal alien Maria Domingo-Garcia charged with identity fraud

An illegal immigrant arrested in an early August ICE raid made national news this week when her lawyers claimed she was nursing mother who needed to breastfeed her 4-month-old daughter. But her claims have been contested by ICE as medical examinations show she is not lactating and she answered “no” when initially asked if she was breastfeeding. The narrative was created after the fact, according to ICE, and progressive legacy media pounced on it.

But Maria Domingo-Garcia’s situation is getting worse. She has now been charged with identity fraud stemming from willfully using someone else’s social security number to create a false identity. She is now in the custody of U.S. Marshals while awaiting federal trial.

Legacy media coverage of this story has been shoddy at best. They’re heavily reporting the story from the lawyers for Domingo-Garcia and reporting it as rock-solid evidence. But they’re splashing cold water on statements from Homeland Security that show all indicators point to Domingo-Garcia lying in order to gain her freedom. Considering she (1) Entered the country illegally to begin with, (2) Lied about her identity to illegally acquire documents that allowed her to work, and (3) Didn’t make her claims about breastfeeding until long after she was apprehended, it’s a safer bet that she’s lying, not ICE.

This is all about building a pro-open-borders narrative, and it’s the reason NOQ Report needs help in fighting that narrative. Donations are used to provide and promote truthful pro-American content to the masses. We appreciate every dollar we receive.

As Domingo-Garcia’s lawyers press their story, her family has become the focus of media reports. It tugs on the heartstrings that this mother-of-three is separated from her husband and children, and it’s good that the community and their church have stepped up to help them. But the law is the law, and when you break the law, there are consequences for everyone involved. If identity fraud can be dismissed because the alleged criminal has a family, the law is meaningless.

As the saying goes, if you do the crime, you do the time. If Domingo-Garcia is found guilty of identity fraud, progressive media and Democrats will cry foul because of her family. Would they do the same for an American citizen committing identity fraud?

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

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Guns and Crime

Illegal alien Kevin Mendoza charged with 1st degree rape in Maryland sanctuary county

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Illegal alien Kevin Mendoza charged with 1st degree rape in Maryland sanctuary county

The ongoing fight by sanctuary jurisdictions to protect criminal illegal immigrants has claimed another victim. A young woman was brutally raped and severely beaten by an illegal alien while trying to enter her Silver Springs, MD, apartment complex.

This is the fourth such occurrence in the county in the last month. But as ICE continues to issue detainers for local law enforcement to release them to federal custody for deportation, the county continues allowing these vicious criminals out on the streets. The protection of criminal illegal immigrants supersedes the safety of American citizens in these sanctuary jurisdictions.

Kevin Mendoza, 26, has been charged with 1st degree rape and 2nd degree attempted murder. He is a former resident of the apartment complex where the victim lives.

The police statement tells of a gruesome crime allegedly committed by Mendoza. But even as heinous as this crime was, it’s unlikely law enforcement will be allowed by politicians to honor the detainer. If he is released on bond, he will almost certainly vanish into the wind, as happens so often in these cases where sanctuary jurisdictions release criminal illegal aliens.

According to Nate Madden at Conservative Review, this is becoming a trend across the country:

Yet another illegal alien charged with rape in notorious Maryland sanctuary county

Montgomery County was also the setting for the infamous Rockville rape case, in which a 14-year-old girl was allegedly brutally raped by two illegal immigrants in a public school bathroom. One of the accused was from Guatemala, the other from El Salvador.

This news also follows on the heels of a report last week from North Carolina, where ICE says that Mecklenburg County — which contains the city of Charlotte — release another illegal alien accused of first-degree rape despite an ICE detainer.

Out west last week, ICE arrested a 59-year-old Mexican national who had been convicted of “sex assault on a child” but given no jail time. The agency claims that Boulder County, Colorado, ignored its detainer requests in this case, just as they did for the same person in 2017, when he was arrested for aggravated assault.

Democrats must be made to acknowledge their sanctuary jurisdiction policies are harming American citizens AND the legal and illegal immigrant communities they say they’re protecting. It’s a failed experiment. Let’s end this madness now.

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

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Culture and Religion

We don’t need ‘red flag’ gun confiscation laws. The solution to the problem is already in place.

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We dont need red flag gun confiscation laws The solution to the problem is already in place

Laws for Civil Commitment procedures that also protect due process are in place in every state -‘crisis’ solved QED.

The Authoritarian Socialist Left keeps on insisting that there is a ‘serious crisis’ and that Gun Confiscation SWATing laws are desperately needed before anyone can rationally think through their true implications of destroying due process and the presumption of innocence.

The problem for the Left is that there really isn’t a ‘crisis’ since there are laws on the books to handle situations where someone may be a danger to themselves. We have already proven this here, therefore, there is no reason to implement these draconian measures that will serve to eviscerate multiple parts of the bill of rights in one fell swoop. Thus the solution to this problem should be pretty straightforward, point this out to everyone and move on to other issues of greater importance.

Solving the problem by simply pointing out that the solution already exists.

We supposedly need to discuss this issue immediately, without any delay. Fine, it is just a matter of having President Trump or Senate Majority Leader McConnell schedule a formal announcement on this allegedly intractable issue. This announcement would simply reiterate that laws for Civil Commitment are already on the books, so there is no reason to waste precious time in debating a non-issue. We also have the added bonus that these laws also protect civil Liberties, something of primary importance for those of us on the pro-Liberty Right.

It will be a formal announcement that there is absolutely no reason for these laws, followed with a press kit detailing Civil Commitment procedures in every state. Then it will be logical to ask why the authoritarian Left keeps on demanding news laws for a problem that has already been solved. Please note that they are essentially doing that on the Intergalactic Background Check issue, since these also already exist, but that’s a separate issue.

Consider the reasons why the politicians should accept this elegant solution to the problem:

  • It wouldn’t require any new laws.
  • It wouldn’t take any political wrangling.
  • It would solve the problem immediately.
  • It would protect the bill of rights –specifically the 2nd, 4th, 5 and 6th amendments.
  • It will resolve the situation with minimum trouble.

Why aren’t the politicians already calling for this perfect solution to the problem?

There are only two reasons why this perfect solution has not been brought forward by the legislators on either side. Either they don’t know the law – which is absurd – or they want the power they would attain from ‘Red Flag’ Gun Confiscation.

Legislators really have only one job – to understand and perfect the law. They should have already known about this solution. This means they only have one reason to push for Gun Confiscation SWATing laws. These politicians would clearly like to expand their own power, even now, Democratic presidential contender Kamala Harris is salivating at confiscating the guns of those merely accused of ‘thought Crime’.
Who know what clever ways they will develop for their new-found power? We’ve already shown that these laws don’t work as advertised, that they have caused more problems than they have solved and they are a civil rights nightmare. Why are they being imposed by the government to solve a problem that has been already addressed?

The Bottom-Line.

This editorial could have been just two lines – the headline and the subhead – summarizing the whole point. Solving the problem that gun Confiscation SWATing is supposed to address is simply a matter of following existing law. The same could be said for liberticidal Leftist power grabs – Intergalactic Background Checks, the ‘Assault Weapon’ scam.. er ban and most everything else. It’s already illegal for felons and others to possess firearms. Thus, these measures are like making things double secret, illegal, in the vain hope that people who don’t follow the law [hence the term ‘lawbreaker’] will suddenly do so because of the magic of a new law on the books.

In the specific example here, the laws already exist and they protect due process. Politicians on both sides of the aisle simply need to step up and use them instead of trying to use the latest ‘serious crisis’ to grab even more power for themselves.

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

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