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The
Below Comments Relate to this Newslink:
Do President Biden's new gun actions infringe on the second amendment? It might be too soon to tell
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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President Biden has announced plans for about half a dozen executive actions. Among them, he wants tighter regulations on buyers of ghost guns, or homemade firearms assembled from parts kits. He wants these treated under the Gun Control Act, and include a background check.
Other plans include a proposed rule regulating pistol-stabilizing braces. Biden said this was used in the Boulder, Colorado shooting last month, which left 10 people dead. He also urges states to adopt "Red Flag Laws," and will publish model legislation in the next two months. Red Flag Laws allow someone to petition a court to have weapons confiscated from someone who could be a danger to themselves or others. |
| Comment by:
PHORTO
(4/9/2021)
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"Red Flag Laws require that there be a court hearing and due process."
No, they categorically DO NOT.
They provide for a hearing AFTER the right has already been suspended. Due process requires an adversarial hearing during which the respondent can refute allegations and provide rebuttal evidence, BEFORE his rights are suspended.
The guarantee of due process exists to PREVENT the violation of rights; a hearing after the fact cannot satisfy that requirement, Q.E.D.
Non sequitur. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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