People in favor of this bill will tell you that is will be used to prevent veterans from committing suicide. It will also be a step toward preventing those with mental illness from possessing firearms. While those are possible benefits from this bill they do not tell you the whole story.
This bill will allow a “family or
household member” to petition the court to take any weapons you may possess
away without your involvement. Meaning if someone asks the court to take your
weapons, and they agree, you have to give up your weapons. You have a right to
appeal this decision after it has been made and your property has been taken. If
this becomes law it essentially says someone can accuse you of being a danger
and if the court agrees with the statement, then you are guilty of being a
danger to yourself or others. All without your involvement in the matter. You
then have to go in front of a judge and prove you are not a danger in order to
get this ‘extreme risk protection order’ lifted.
Not only does it make you guilty
until you are proven innocent, this law will allow children to petition the
court against their parents. A child who is upset at their parents or a child
who has been taught all guns are evil can get their parents weapons taken away
from them. Of course I can hear the critics now, “that will never happen, you’re
over reacting.” I agree that it might not happen right now, but you cannot deny
the fact that there are people who would love to use this law to take guns away
from people knowing full well they won’t have the time or resources to go to
court to get them back. They may not be in the position to exercise this power
right now, but what makes you think they will never gain that position?
The good news is on the outside it
looks like this bill does not have a legal leg to stand on. If it is signed
into law it will be challenged in the courts for casting aside the right of due
process and the right to bear arms. Not to mention the tense situations it will
create when the first time you’ll hear about this ‘extreme risk protection
order’ is when the police show up at your door to serve you and confiscate your
weapons. The potential for escalation is enormous and the danger to the police
and lawful citizens is clear and present.
On a basic level this bill enshrines
the power of the state to take your property on the say-so of someone else
without giving you a chance to defend yourself until after your property has
been seized.
The 14th amendment states:
No State shall make or enforce any law which shall abridge the privileges
or immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law. The 2nd amendment also states:
A well regulated militia being necessary
to the security of a free state, the right of the people to keep and bear arms
shall not be infringed.
Let
me know your opinion on this in the comments below. Does this Bill have any
benefit at all or could it be changed to make it beneficial? Or is this bill a
thinly veiled attempt to take weapons away from lawful citizens?
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