Here it is Pandoras box. Red Flag laws allow the police to confiscate firearms from a person without due process through an extreme risk protection order. All it takes for a judge to issue an extreme risk protection order is for one person stating that the person is a danger to others or even themselves. But the major issue here is that this is all done without due process.
Well now it appears Texan Lawmakers want to introduce a controversial anti gun bill!
According to AMMOLAND Austin, Texas lawmakers will consider anti-gun bills including “red flag” laws, mandatory background checks for all private handgun sales at gun shows, and new regulations on 3-D printed firearms in the next year’s legislative session.
A “red flag” law is also known as an extreme risk protection order (ERPO). An ERPO allows police to remove firearms from a gun owner if a judge determines that the person is a danger to themselves or others. The issue that gun rights advocates have with ERPOs is that the court proceeding is held in secret without the gun owner being able to defend themselves against the charges.
The burden of proof in an ERPO hearing is very low. Any family member, roommate, or neighbor can go to the police to seek an order. Studies show that 98% of all warrants that police seek are approved by the courts. It has cost the accused upwards of $10,000 to get their gun rights back. Gun rights organizations such as Gun Owners of America consider these orders as violating the Due Process Clause of the Constitution.
Last month a Maryland man was shot in killed by police while they were trying to serve an ERPO. That man’s sister took out the ERPO on him on what his niece described as “family being family.” She stated her uncle was not a danger to anyone.
Texas is known as a “gun-friendly” state, but two El Paso Democrats, Rep. Joe Moody, and Sen. Jose Rodriguez, plan to change that with the “red-flag” bill.
The bill would go farther than family members reporting a gun owner for making threats. According to the bill evidence of substance abuse or the recent acquisition of firearms and ammunition would be grounds for firearms confiscation.
Rodriguez calls the proposed bill as “sensible legislation,” but it will face an uphill battle. The Texas Republican Party has made the opposition of “red-flag” laws part of their party’s platform. With the Republicans in control of the Texas Legislature, it seems unlikely that this bill would reach Gov. Greg Abbotts desk.
If the bill somehow reaches Abbott’s desk, it would be highly unlikely that he would be willing to sign it into law. He has said…
This of course comes after With the stroke of a pen the state of New Jersey turned thousands of citizens into felons yesterday with the High Capacity magazine ban and is considering door to door confiscation!
Again, We are beating a dead horse into the dirt. We are not going to stop either and as we have said before, multiple times, it is extremely important that you as responsible gun owners take action against the constant attacks on the second amendment. Sharing a post on social media is not enough. Its time to be active contacting your legislatures and representatives. Go vote! Make sure these idiots aren’t afforded the chance to infringe on your rights. The other side is doing it make sure you are too!