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Gun Confiscation SWATing is all the rage with the Liberty Grabber Left and RINO’s. MRCTV profiles CO sheriffs standing up for Liberty.
There are many deep philosophical reasons to oppose Gun Confiscation SWATing [aka ERPO, ‘Red Flag’ laws]. This is why a number of Colorado sheriffs are opposing these constitutionally abhorrent measures and are willing to put their freedom on the line to do so. In this video from a few days ago, Gardner Goldsmith, of MRCTV fame details how these lawmen of the state are standing up for freedom and our civil Liberties.
These unnecessary laws have already lead to the death of an innocent man in Maryland. The fact is that Gun Confiscation SWATing is an unconstitutional solution to a non-existent problem. Now, RINOs are getting into the act, with Lindsey Graham harming the 2nd Amendment supporting these laws. But let us check some of the worst aspects of these laws:
The outright Lie that these laws are ‘urgently’ needed
Existing laws on involuntary civil commitment already cover situations where someone may be a danger to themselves and others. For example, in the Parkland case, the perpetrator could have been confined under “The Florida Mental Health Act” or “The Baker Act.”
These laws do not work as advertised
New research from Dr. John Lott and Professor Carl Moody indicated that these laws had no significant effect on murder, suicide, the number of people killed in mass public shootings, robbery, aggravated assault, or burglary. There is some evidence that rape rates rise. These laws apparently do not save lives.
Gun Confiscation SWATing – the perfect tool for extortion or revenge
The founding fathers had a very good reason to consider due process and the presumption of innocence to be vitally important. This is why they set a high bar for criminal charges or punishment. Gun Confiscation SWATing turns that on it’s head with punishment first, then ‘due process’, never mind about any criminal charges.
Going underground – the unintended consequences of Gun Confiscation SWATing
The Liberty grabber Left has the misguided notion that societal problems are but one tweak away from a grand solution. They neglect considerations of how certain people will react to these laws. Those prone to these kind of acts will quickly learn to hide their intentions and means to carry out their plans, making it far more difficult to detect those who may harm themselves or others. Thus, instead of keeping everyone safe, it will have the opposite effect.
Those bent on harming themselves will not seek out any help, lest their potential plans be interrupted. Others in the planing stages of mass murder will seek to hide their tools of mass murder so they cannot be confiscated, as will everyone else. Thus instead of Gun Confiscation SWATing being a constitutionally abhorrent tweak to Liberty rendering everyone safe and happy. It will force many underground along with everyone else afraid that their hard-earned property will be taken at the point of a gun.
Gun Confiscation SWATing violates multiple civil Liberties
As detailed in the video, Gun Confiscation SWATing violates the 2nd, 4th, 5th,6th, 8th and 14th amendments.
Half of Colo County Sheriffs, Say They WON’T COMPLY With Unconstitutional Gun Grab
What that means is the bill violates the Fourth Amendment requirement that police obtain a warrant from a judge citing the person to be searched and the specific items sought, upon the judge’s determination of probable cause, before they can enter a home, or a business, or do a body search of a person, or search his or her phone or car. It means the Fifth Amendment prohibition against the taking of property without just compensation, and the taking of liberty without due process (a trial). If it passes, it means that the Sixth Amendment assurance that a person is entitled to a speedy trial and to confront the witnesses accusing him or her will be infringed. It means that the Eighth Amendment’s prohibition against cruel and unusual punishment will be infringed, since the punishment comes without any kind of trial. And it means, as Reams notes, that the state would be abridging the “privileges and immunities” clause of the Fourteenth Amendment.
With dishonourable mentions for the 1st, 9th and 10th. Presumably, if the nation’s Socialist-Left managed to have this practice violate the 3rd amendment, this could have been a clean sweep for them.
The final word
We take this from the article penned by Mr. Goldsmith:
In America, if you have not been found guilty of committing a crime, you are not supposed to be punished by the state. If this government protection racket finds through its wonderful jurisprudential system that you have criminally threatened someone, then there is a Common Law basis for interference and apprehension, and, should a suspect be tried and found guilty by a jury of his or her peers, Common Law would lead one to conclude that, under a that paradigm, the person could be jailed.
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All so-called “red flag” laws violate this core principle of life under the polis. They place all subjects in the unenviable position of being guilty before proven innocent and irrevocably change the relationship we have with our rights.
Some people, get it.
It appears that the majority of Colorado state politicians don’t.
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Red flag confiscation laws are being trumpeted by socialist-democrats right now because their usual gun control arguments are lopsided losers. They’ve been hoodwinked by Bloomberg’s rhetoric and haven’t read his 2018 data. It reveals gun homicides declined seven percent, firearm injuries declined 10 percent, fatal child shootings (under 18) declined 12 percent and unintentional shootings plummeted 21 percent.
Further, a December 2018 Gallup Poll revealed that gun control is last on a list of what Americans cite as the most important problem facing the U.S. Seems government is the most important problem and immigration is second most important. Obviously, the socialist-democrats are pushing a solution in search of a problem.
Unarguably, our government cannot be trusted with the 2nd Amendment, just as our founders warned us. The primary problem with this nationwide hysteria to enforce red flag laws is none are crafted with sufficient protections for the accused. Apparently, we’ve been deluding ourselves that the U.S. judiciary would rather let ten guilty parties go free than convict one innocent person.
Additionally, these laws generally place enormous responsibility and pressure on police officers and judges to dispense pretrial punishment, just in case an owner might be mentally afflicted. This kind of punishment is overly severe to be based on amateur opinions afforded by all the red flag laws enacted thus far.
Since we’re dealing with mentally troubled persons, the law should include analysis by licensed psychiatrists. Doubtlessly, we all know of judges and law officers who are far from qualified for such professional undertakings. I also doubt that they’d volunteer to diagnose mental illness if their jobs depended on doing it correctly.
This movement makes it clear that democrats want control without responsibility. I used to wonder why leftists saturate media outlets with soothing pleas for conversation instead of acting on their clear and ultimate goal of total confiscation. I assumed they stopped short of the extreme because they know firearms owners won’t tolerate confiscation without unimaginable fury.
Fact is leftists will temporarily settle for controlling little things like angry partners, bayonet lugs, ammunition taxes, bullet shapes and so on. But it’s still part of a common leftist flimflam. Eventually they’ll again get around to universal background checks that are impossible to manage without universal registration.
They need a universal firearm registry because it fundamentally transforms 120 million owners into dependents. Once they know who the owners are, they’ll choose which of them are allowed to be licensed. It’s the consummate entitlement. The democrat party cannot survive without more than half the nation being dependent on the government. Leftists trade entitlements for votes. It’s the heart of their strategy.
Justice requires that the accused be afforded at least a modicum of professional analysis and an official opinion by two or more psychiatrists. Leftists screech in the streets if denied a full measure of due process but close their eyes on the subject of self-defense by firearm. These laws open the doors to scorned partners, angry neighbors, children seeking a parent’s wealth and arrogant judges.
They empower mothers, fathers, brothers, sisters, sons, daughters, uncles, aunts, cousins, friends, neighbors, judges, police officers, boyfriends, girlfriends, classmates, teachers and everyone except those actually qualified to judge mental competence. Makes me wonder about the motive for this law.
Predictably, these newly empowered classes will start lodging complaints against firearms owners they don’t personally know. These empowered classes will look at acquaintances who share residences with or live nearby firearms owners. Complaints soon will be lodged by former partners of acquaintances. Friends of former partners, unhappy in-laws, step children, et al., also will complain.
In other words, those who know little about owners but are acquainted with those who do, will lodge charges that someone they know may be in danger. It’s complicated and absurd. To iterate, socialists are not interested in public safety. They hope to disarm the governed before dispatching the disobedient.