Red flag law for service members - vote is 7/21/2020

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
User avatar
Bruenor
Posts: 7306
Joined: Mon Jul 24, 2006 3:03 pm
Location: Geneva, OH

Red flag law for service members - vote is 7/21/2020

Post by Bruenor »

These leopards don't change their spots.

https://gunowners.org/na07212020/" onclick="window.open(this.href);return false;
Once again, Nancy Pelosi and her comrades are trying to sneak a gun confiscation scheme onto a giant piece of legislation.

In this case, it’s H.R. 6395, the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.

The section in question, section §542, would authorize an unannounced middle-of-the-night raid of the home of any individual subject to the Uniform Code of Military Conduct (§542(a)) based on a middle of the night ex parte “court” proceeding (§542(i)) initiated by an aggrieved friend or relation, raising unsubstantiated allegations that the serviceman or servicewoman was “abusive.”

The gun owner is not entitled to receive notice or give his or her side of the story.

The proposed emergency Military Court Gun Confiscation Orders (GCOs) are explicitly exempted from the “Protection of Due Process” provided for in 542(g)(1).
We urge you to contact your Representative (above) and tell him or her to vote against H.R. 6395 so long as it includes Gun Confiscation Orders for our men and women in the United States Military.

And because the vote is today, don’t forget to call your Representative at 202-225-3121 if you have time.
Μολὼν λαβέ

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

- Thomas Paine

"Malo periculosam, libertatem quam quietam servitutem."

- Thomas Jefferson
User avatar
sodbuster95
OFCC Patron Member
OFCC Patron Member
Posts: 6954
Joined: Mon Dec 01, 2008 5:14 pm
Location: Maumee
Contact:

Re: Red flag law for service members - vote is 7/21/2020

Post by sodbuster95 »

So, without getting into a discussion of my opinion on protective orders (either civilian or military) - having read the actual text (rather than the article) I'm not seeing this conclusion at all. Frankly, what I'm seeing is simply language that amends the pertinent federal law regarding MPO's (Military Protective Orders) to civilian standards to make them enforceable by civil authority.

Previously, a military commander was able to issue an MPO without any type of hearing and without any type of appeal by the Servicemember. Contrary to the article, Section 542(g) sets forth than an MPO requires both notice and an opportunity to be heard. An exception is carved out for emergency orders, but still requires notice and an opportunity to be heard within "a reasonable time." This is no different than civilian courts.

As to firearms rights; again, this is the same standard used in civilian protection orders; a persons' firearms rights are suspended per 18 USC § 922 so long as the MPO remains in force.

As to so-called "red flag laws"; there is no language anywhere in the text of the amendment that relates in any way to confiscation. There is a mandatory notice to law enforcement regarding the issuance of the MPO (which is, again, identical to civilian protective orders.) As a result, if the jurisdiction has "red flag" laws on the books, the issuance of an MPO may result in confiscation of firearms by civilian law enforcement.

However, based on my reading of the text of the actual bill (and without espousing support for either MPO's or firearms confiscation), the entire embedded quote is, at best, a mischaracterization of what is actually in the text of the bill.
NRA Benefactor Life Member

Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
User avatar
Bruenor
Posts: 7306
Joined: Mon Jul 24, 2006 3:03 pm
Location: Geneva, OH

Re: Red flag law for service members - vote is 7/21/2020

Post by Bruenor »

Guess that's what happens when I pull from a GOA news blast.
Μολὼν λαβέ

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. . . Horrid mischief would ensue were the law-abiding deprived of the use of them."

- Thomas Paine

"Malo periculosam, libertatem quam quietam servitutem."

- Thomas Jefferson
Post Reply