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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 |
| No kingdom can be secured otherwise than by arming the people. The possession of arms is the distinction between a freeman and a slave. He, who has nothing, and who himself belongs to another, must be defended by him, whose property he is, and needs no arms. But he, who thinks he is his own master, and has what he can call his own, ought to have arms to defend himself, and what he possesses; else he lives precariously, and at discretion. — James Burgh, Political Disquisitions: Or, an Enquiry into Public Errors, Defects, and Abuses [London, 1774-1775]. |
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