House Votes to “Red Flag” Military Personnel in Veto-Proof Majority

sgtsandman

*Load Data Eligible Kimber 1911 45ACP
Staff member

GOA Founder H. L. Richardson wrote a book entitled What Makes You Think We Read the Bills



That adage was never more true than last week, when a bucketload of House “pro-gun” Republicans voted to pass a giant defense bill containing, in its bowels, a “red flag” gun confiscation proposal for the military — hidden there by Nancy Pelosi’s gun-hating stooges.

Aidan Johnston, our Director of Federal Affairs, described this congressional farce in an article in the Houston Courant. You can also see how your Representative voted by going here—with “nay” being the pro-gun vote.

The House-passed Gun Confiscation Orders (GCOs) apply to persons subject to the United States Code of Military Justice. But, for them, it would be worse in many ways than the “red flag” GCO programs drafted in state legislatures.

The essentials are the same: a gun owner can be stripped of his or her Second Amendment-protected rights in an ex parte proceeding by an unsubstantiated allegation from a hostile relative who dislikes him or her. Experience shows that the confiscation normally occurs in a surprise raid on the gun owner’s home in the middle of the night.

In more than one case, gun owners have been shot to death for “non-compliance.” Now, thanks to the rabid onslaught of gun-hating politicians, it’s sitting on the 2021 National Defense Authorization Act (NDAA).

Unlike the boilerplate GCOs drafted by gun control groups and passed in 19 states, the House-passed NDAA bill allows the president—presumably, in their opinion, President Joe Biden—to write all of the particulars.

But this legislation raises several questions:
  • What will the standard of proof be for taking away the gun owner’s constitutional rights?
  • What will the accuser need to show?
  • What constitutional rights will the military court proceedings recognize?
  • What will the police do with their gun confiscation order? Ransack the house? Kill the “threatening” (i.e., non-compliant) gun owner?
House Republicans were caught sleeping. Despite Trump’s threat to veto the bill, many Republicans helped pass gun confiscation arm-in-arm with anti-gun Democrats in a veto-proof majority.

So we are asking you to contact your Senators (above), given that the Senate has passed its own NDAA without GCOs—and tell them to throw the House bill in the garbage can during conference negotiations with Nancy Pelosi.

We are also urging you to ask President Trump to carry through with his promise to veto this anti-gun monstrosity.

For decades, Congress has dutifully passed an unnecessary National Defense Authorization Act and this isn’t the first time it contained gun control.

But this time it has gone too far. When Pelosi sticks in a hidden provision embodying the anti-gunners chief current objective, the bills must be stopped.
 

ARguns1776

ARguns1776, , AKA AR? Load Data Eligible
Staff member
This crap never seems to stop from the Republicans and Democrats always doing a voice yay or nay vote and hopeing no one pays attention. Amazing that the so-called pro-gun Republicans in the house that a hundred and something would do this and betray us 2nd Amendment supporters
 

sgtsandman

*Load Data Eligible Kimber 1911 45ACP
Staff member
PA keeps going backwards. We now have an anti gun Representative in the House and two anti gun Senators. Hopefully we'll be able to swap two of them this coming election but I'm not holding my breath.
 

sgtsandman

*Load Data Eligible Kimber 1911 45ACP
Staff member
Dear Mr. Black:

Thank you for taking the time to contact me about provisions relating to the regulation of firearms in the National Defense Authorization Act of 2020. I appreciate hearing from you about this issue.

The annual National Defense Authorization Act (NDAA) authorizes policy and annual expenditures for the Department of Defense (DOD) and national security programs of the Department of Energy (DOE). This bill represents a crucial investment in national security which, along with the international affairs budget, gives our soldiers, diplomats and civil servants the necessary tools to keep America safe. The NDAA also includes vital investments in defense technology, healthcare research, benefits for wounded service members and environmental remediation.

H.R. 6395, the House version of the NDAA for Fiscal Year 2021, was introduced on March 26, 2020. This legislation includes a provision in Section 542 allowing military court judges and magistrates to issue protective orders to ensure the safety of victims of sexual assault or domestic violence offenses. Under this provision, military personnel who have committed such offenses and are subject to protective orders would be prohibited from purchasing, receiving or otherwise accessing a firearm. Protective orders may be issued after both parties have had a chance to be heard by the court and may remain in place for thirty days. However, emergency orders may also be issued ex parte, or solely on behalf of a single party, such as a victim of domestic violence or sexual assault. If an emergency order is issued on an ex parte basis, the respondent must receive notice and an opportunity to be heard within a reasonable period of time after the order is issued.

I have heard from many constituents about Section 542 in the NDAA. Under current law, all individuals, including law enforcement and military personnel who have permanent, court-issued protective orders against them, or who have misdemeanor or felony convictions of domestic violence, are barred from owning a firearm only if the victim and offender are married, were formerly married, live together or share a child. The proposed House NDAA would expand this firearm prohibition to temporary protective orders against military personnel and would include military personnel convicted of domestic violence offenses against a spouse, intimate partner or immediate family member. I support these provisions, as studies have demonstrated that access to firearms by individuals subject to protective orders dramatically increases the risk of domestic violence-related homicide, especially in the first month after a temporary protective order is issued. I am also a cosponsor of similar legislation in the Senate, including S. 120, the Protecting Domestic Violence and Stalking Victims Act and S. 4443, the Lori Jackson Domestic Violence Survivor Protection Act, which would enact similar restrictions in civilian courts.

Additionally, I am a cosponsor of S. 1789, the Military Justice Improvement Act, introduced by Senator Kirsten Gillibrand of New York on June 11, 2019. This bill would empower independent military prosecutors to convene courts-martial for sexual assault cases and other serious crimes. Currently this power rests within the military chain of command, which leaves victims of sexual assault at the mercy of a system heavily biased against them. I believe this bill, in addition to Section 542 of the House NDAA, would provide a more comprehensive approach to addressing issues of sexual assault and domestic violence in the military.

Our service members sign up to serve our country and represent the best of American values and morality. While I respect their second amendment rights, we must ensure that the few bad actors who commit domestic violence are denied mechanisms to further abuse including restrictions on access to firearms. I also believe we need commonsense gun legislation that will help to prevent tragic mass shootings, as well as the daily gun violence that takes the lives of approximately 40,000 Americans each year. As a public official, I believe my colleagues and I have an obligation to enact commonsense reforms that will keep Americans safe and reduce the likelihood of gun violence incidents. Among these commonsense measures, I support legislation to implement universal background checks, ensure the safe storage of firearms, prohibit the use of assault weapons and establish risk protection orders to prevent those who pose safety risks to themselves or others from possessing firearms. We are a Nation of people who come together, roll up our sleeves and solve difficult problems. We can pass smart measures to reduce gun violence while fully respecting the Second Amendment rights of law-abiding citizens.

H.R. 6395, the House NDAA for Fiscal Year 2021, passed in the House of Representatives by a vote of 295 - 125, and was sent to the Senate for consideration. Please be assured that I will keep your views in mind as the Senate considers the NDAA and any legislation affecting firearm regulation.

Again, thank you for sharing your thoughts with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

For more information on this or other issues, I encourage you to visit my website, http://casey.senate.gov. I hope you will find this online office a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office or share with me your thoughts on the issues that matter most to you and to Pennsylvania.


Sincerely,

Bob Casey
United States Senator
 
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