Red Flag Laws and Tyranny


Justin Smith again tackle the potential tyranny that will evolve under Dem Party gun-grabbing Red Flag Laws. Some good background to this post is Justin’s article from 8/12/19 entitled, “The Rush Towards Tyranny”.

 

I completely agree with Justin in today’s political Left vs. Right climate. The Right stands for the traditional interpretation of the U.S. Constitution and the implications behind the Declaration of Independence coupled with Christian concepts of Natural Law. The Left – regardless of any FAKE Constitution support – desires to toss the Constitution in favor of a Multiculturalist Socialist (really Marxist) society controlled by an elitist government that tells YOU what to believe and how to act.

 

The Dems are using the epidemic of mass shootings to realize their essentially totalitarian dream government tentacles in everything.

 

Conservatives had better find a Liberty protecting solution to mass shootings OR end up living in the Dem dream.

 

JRH 8/15/19

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Red Flag Laws and Tyranny

Americans Must Draw a Blood-Red Line in the Sand

 

By Justin O. Smith

Sent 8/14/2019 5:31 PM

 

Outrage and fear are being used by representatives and Senators to attempt to strip away God-Given Rights and rights supposedly safeguarded by the Bill of Rights, specifically the 2nd, 4th and 5th Amendments, and the 14th Amendment and due process, through Red Flag “laws”, and they are exploiting recent mass shootings and the shock of Americans to browbeat and coax them into relinquishing some of their liberty to achieve greater safety, liberty that will be lost forever. And if they succeed, firearm restriction tentacles will spread across this once free nation, choking it, and eventually enslaving America’s children on the land of their ancestors.

 

Once any government gains a certain power or suppresses a right, it is an uphill battle to ever reverse that situation, since today the government’s interest, with the House in Democrat hands, and Senate Republicans complicit, lies more in growing its power more so than in protecting American’s rights. They are certainly making good use out of this current “crisis” and the notion of “Ordo ab chao” — “order out of chaos”.

 

One should recall that the Constitution was written by our Founders to preserve individual God Given Rights and Liberty and to limit the government oversight of those rights and liberty. Enumerating our God Given Rights in the Bill of Rights makes it clear that our Founding Fathers were determined to keep the government from interfering with these rights that belong to each and every American today.

 

The mass shootings in Gilroy, El Paso and Dayton were horrific and as terrible a thing as one never wishes to see happen again in America, but one is more likely to die accidentally falling from one’s front porch with a cup of coffee in their hand, than they are likely to be killed in a mass shooting.

 

In their rush for power and greater control over ‘We the People’, our so-called leaders simply ignore facts. Legal gun ownership had nothing to do with these murders. Our society’s descent into moral depravity and indifference to human life led to these horrific murders. None of the numerous laws across America that regulate firearms, in one manner or another, prevented these murders, but this is a point that Congress seems unwilling to acknowledge.

 

For anyone needing to place blame, there is blame enough to go around on many fronts. The most obvious is in the homes that failed to properly nurture, educate and guide these young men properly. Look no further than leftist policies that eroded the core of families in America, through nonsense like “it takes a village to raise a child” in their attempt to make children look to government as their most important benefactor and protector. Look at the efforts to erase God from the public square and the lives of everyday ordinary Americans, through federal government overreach and tyranny across most recent decades.

 

In the wake of the mass shootings, Ivanka Trump went to Instagram and posted a note, that called on Congress to “enact Red Flag Laws/Extreme Risk Protection Orders [ERPO] in every state, increase resources dedicated to mental health support nationwide and close background check loopholes.” She couldn’t have been more wrong than when she also referred to this action as “common sense reform”. [Blog Editor: The embedded links in the quote are added by the Editor.]

 

Regardless of the horror of what we see unfolding today, Ivanka Trump and people of similar intent are dead wrong, when they seek to impede and infringe on our Second Amendment, and rather than “common sense reform”, these proposals represent sheer ignorance and idiocy and an assault on our Second Amendment Rights. Rather than impede the God Given Right of every U.S. citizen to defend themselves with a firearm, Ivanka and her ilk should be working day and night to ensure that the Second Amendment, an inalienable right, remains inviolate and free from federal government overreach and tyrannical suppression.

 

Similarly, Senate Majority Leader Mitch McConnell is exhibiting the same exact ignorance and idiocy, and in a fervor of rare bipartisanship, McConnell and all the Democrats and many traitorous Republicans-In-Name-Only are all wound up and ready to be set loose, like puppets or mechanical dolls. McConnell recently stated, “But what we can’t do is fail to pass something. By just locking up, and failing to pass, that’s unacceptable”, marking a significant departure from his past position on firearm controls and legislation in the wake of the mass shootings.

 

NO! What is “unacceptable” is any more DAMNED infringement on Americans’ RIGHTS in a thinly veiled move to tighten the noose of federal control around the necks of law abiding Americans, while criminals go largely unchecked. Rather than pass one more law aimed at good and decent Americans that suppress their Second Amendment Right, leaders should be urging all the states to rescind any state law that illegitimately and unconstitutionally suppresses this right and ensure that any citizen can walk the streets of America with a firearm at their side, if they so wish to do so.

 

Americans don’t need more “Gun Free Zones”. They need to be left alone and allowed to “keep and bear arms” just as the Founders intended — in and outside their home and in public — and they need to be able to defend themselves and shoot back, if and when such a situation may arise. And then, not only would we see the Good Guys win more often, we would see many sad, tragic murders prevented.

 

Spouting BULLS**T that sounds exactly like some sort of strategic totalitarian philosophy, these politicians on both sides of the political aisle are poised to remove the only obstacle between United States citizens and globalism and the New World Order, since they and their predecessors have already greatly diminished the United States Constitution over the past seventy years or so.

 

McConnell, Schumer, Blumenthal, Pelosi and every God D**ned anti-American godless Commie self-made Son-of-a-Bitch running for the Democratic Party presidential nomination are now using the same bullshit and strategic totalitarianism that has been used for decades to create a generation or two of ill-informed, ignorant masses of people within the American culture, expand the federal and state government welfare programs and keep Americans in a perpetual psychotic state of discontent through Hollywood “elites” and the so-called “mainstream media” mental midgets. Americans have been persuaded to abandon their vigilance to the principles that made America exceptional from its inception.

 

The affirmation of rights derived from natural law, honesty, morality, self-reliance and equality of opportunity; in stark contrast and opposition to modern America’s identity politics, politically correct censorship and thought control, equality of outcomes, fiscal irresponsibility and unlimited government.

 

Is it any wonder that one would certainly look at these “leaders” new proposals with great suspicion? Now they once again demand the consent of the governed, the people’s consent, to willingly restrict our God Given and Constitutional Rights, on whose behalf. Doing so certainly doesn’t benefit me in any way, and it certainly will not make “The Children” any safer.

 

Take note that Benjamin Franklin stated: “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.”

 

Unfortunately, President Trump seems to be on board and supporting Red Flag Laws, even if he has walked back his support for federally legislated Red Flag Laws and suggested these were laws the states needed to address. Whichever the case that is closest to Trump’s true intent, Red Flag laws would allow just one neighbor to lodge an unsubstantiated complaint, that someone “might do something”, or to “see something” and “say something” that would enable law enforcement to confiscate all of one’s firearms, without any legal hearing whatsoever. Not only does this violate the Second and Fourth Amendments, it cancels any presumption of innocence and negates due process of the law.

 

Judge Andrew Napolitano is an expert on the U.S. Constitution, who has written nine books on the Constitution, and he phrased it succinctly and cogently:

 

” … Red Flag laws are unconstitutional. The presumption of innocence and the due process requirement of demonstrable fault as a precondition to any punishment or sanction together prohibit the loss of liberty on the basis of what might happen in the future.

 

In America, we do not punish a person or deprive anyone of liberty on the basis of a fear of what the person might do.

 

The government can no more interfere with the Second Amendment rights than it can infringe upon any other rights. If this were not so, then no liberty — speech, press, religion, association, self-defense, privacy, travel, property ownership — would be safe from the reach of a fearful majority.

 

That’s why we have a Constitution.”

 

Criminals don’t obey laws. Citizens don’t require further restrictions. Emotions don’t trump Constitutional Rights. Gun Free Zones aren’t safe. Federal and state Red Flag Laws don’t save lives. And the federal government doesn’t grant us our rights.

 

The astounding proposed and existing Red Flag Laws are merely one more warning sign, a gurgling gasp, in America’s desperate fight to ward off tyranny, representing the “final straw”. Any defeat along these lines means no Constitution, no United States, since they essentially break the social contract and the implied consent of the governed will have been torn asunder, by its own leadership and their inability to facilitate and promote the necessary elements for liberty, such as self-reliance, responsibility and morality. So long as such laws remain on the books and suppress our rights, politicians and all Americans will be less safe, and ultimately, historians and many Americans may look back on this moment and rightly view it as a time that Americans should have drawn a blood-red line in the sand.

 

At the core of these laws one finds only tyranny.

 

By Justin O. Smith

_______________________

Edited by John R. Houk

Text enclosed by brackets and all source links are by the Editor.

 

© Justin O. Smith

 

The Rush Towards Tyranny


I find it understandable Americans are upset that mass shootings can seemingly occur one incident after another and another. But What most of those upset Americans do not understand is gun control laws whether they be gun confiscation, Red Flag Laws, Extreme Risk Protection Orders (ERPO) or whatever else restrains the Founding Fathers’ intent for ratifying the Second Amendment; will eventually lead to the tyranny of the Elite.

 

Justin Smith addresses the alarming utilization of government power that restrains law abiding citizens more than law-breaking criminals.

 

JRH 8/12/19

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The Rush Towards Tyranny  

Eroding Liberty – Unconstitutional: Red Flags & Gun Bans

 

By Justin O. Smith

Sent 8/11/2019 7:00 PM

 

Americans are rushing towards tyranny more frequently these days, in the wake of three recent mass shootings, and they are calling for unconstitutional and illegitimate new laws that penalize honest and decent Americans in an unconscionable manner, while doing little in the way of creating real solutions. If anyone believes red flag laws, expanded background checks and bans on semi-automatic weapons will make them safer, they are so sadly mistaken, and, if enacted, not only will they not be any safer, they will be less free, with their God given rights further eroded and suppressed.

 

Every law-abiding U.S. citizen should be up-in-arms and in an uproar over President Trump, Senate Majority Leader Mitch McConnell and others, such as key Republicans like Sen. Lindsey Graham (SC), Sen. Pat Toomey (PA), Sen. Marco Rubio (FL) and Sen. John Cornyn (TX) pursuing new gun control legislation and “compromises” with Democrats, such as Senator Dianne Feinstein (CA), Sen. Chuck Schumer (NY), Sen. Richard Blumenthal (CT) and Speaker Nancy Pelosi (CA), especially when any real compromise doesn’t exist, and never will. Even as Republicans showed their willingness to enact stronger background checks and red flag laws, Democrats were screaming for stores, like Walmart, to stop selling ammo and guns and for laws that invoke higher taxes on both, as well as a law banning semi-automatic rifles; Republicans are becoming willing accomplices in the Democrat goal of eradicating the Second Amendment.

 

Despite his bluster and tough talk as a strong defender of the Second Amendment, President Trump is not to be trusted on this issue, since he has a long standing known propensity for gun control, favoring gun bans as late as 2009, and as President, Donald Trump has already violated the Second Amendment through his Executive Order that authorized the Department of Justice to regulate bumpstocks, which also flies in the face of D.C. vs Heller, in which the Court acknowledged that an individual has the right to keep and bear arms of the same sophistication and technological advancement of the U.S. military, since the Second Amendment was written as a measure to ensure U.S. citizens’ rights to arm themselves against any tyrannical government, not to hunt deer.

 

As noted by the Court in 2010 in McDonald vs. City of Chicago,The right to keep and bear arms is ‘among those fundamental rights necessary to our system of ordered liberty.”

 

With McDonald vs Chicago, the Court ruled that the Second Amendment was “incorporated”. This legal term placed states and local governments on notice that they must follow the limitations of the Constitution’s 2nd Amendment and could not make laws more restrictive than allowed by the 2nd Amendment, which states “the right of the people to keep and bear arms, shall not be infringed.”

 

And now, most recently, all America heard President Trump state, “I have called for Red Flag Laws, also known as Extreme Risk Protection Orders.”  Regarding background checks, he stated on August 9th, that he thinks “Republicans are going to be great and lead the charge along with Democrats.”

 

One should also note that although President Trump once suggested foregoing “due process” after the Parkland High School mass shooting in February 2018, he did state on August 5th 2019, that “those judged to pose a great risk to public safety (should) not have access to firearms and if they do, those firearms can be taken through rapid due process.”

 

On August 8th, Senator McConnell told NPR that the Senate would be addressing bans on “assault weapons” and expanded background checks, when the Senate reconvenes in September. McConnell’s use of the term “assault weapons” is part of the Democratic Party narrative that seeks to negate the true and legal use of these weapons for self-defense, and it only serves to further erode the Bill of Rights and our liberty if we allow it to go unanswered.

 

Nobody in America wants to see anyone who is mentally unstable enough to commit violence having a powerful firearm in their hands, but there already exist numerous laws, that if properly enforced would alleviate that problem. Peddling his staunch “defender” title in 2015, even President Trump noted: “Too many states are failing to put criminal and mental health records into the system (making the system ineffective). … fix the system we have and make it work as intended … don’t … expand a broken system.”

 

However, unconstitutional Red Flag Laws are not the answer, especially once one considers the many government abuses that have already occurred in the seventeen states (and the District of Columbia) that have legislated Red Flag Laws. They allow police to convene a Chekist-style secret meeting, that strips an American of his Second, Fourth and Fifth Amendment rights and violates “due process of the law”, since the firearm owners are barred from participating in the hearing and presenting their counter argument, and often, they are unaware of the “Extreme Risk Protection Order[USACarry.com and RomanoLawpc.com] until the police knock on the door and ransack their house or arrest or shoot them, just as they shot Gary Willis, in Baltimore, MD, at 5:17 a.m. on November 5th 2018 for resisting their ERPO. [The Epoch Times and New American]

 

Willis was executed for resisting a government overreach, intrusion and violation of his basic God given rights. I guess America could have just skipped the bloodshed of the War for Independence, since so many now seem to prefer authoritarian controls, serfdom and a King over freedom and liberty.

 

Patrick McLaw

 

On August 22nd 2014, Patrick McLaw, a 23 year old middle school teacher — once nominated for Teacher of the Year [Last Paragraph], was taken into police custody for a psychological evaluation, after he wrote two novels about high school massacres, under the pen name “Dr. K.S. Voltaer”. McLaw had no criminal record, no guns or bombs were found in his home, but the State Attorney claimed McLaw drew police attention through a four page letter he sent to officials in Dorchester County. And in the end, no warrant was issued, no charges were filed and no arrest was made, however, he remained detained in police custody, while they investigated crimes he may or may not have committed, as the State utilized psychopathological mechanisms, the touchstone of totalitarian governments, and fully displayed the great distance our society has drifted from liberty.

 

Dave Workman, senior editor at the Second Amendment Foundation in Bellevue, Washington recently wrote: “It’s (Extreme Risk Protection Order) a great idea on paper. In practice, however, you’re guilty until you prove yourself innocent.”

 

A Red Flag Law in Tennessee might even scoop me up, since in my youth, I used to have a hair-trigger temper, cracked many a ridge-runnin’ redneck’s jaw and quite possibly should have been charged with assault myself, at one time or another in my life. No excuses made from me; I am a strictly no nonsense man who never took being called out of my name or having hands placed on me in anger lightly, and in every case where the law ever questioned me, the attending officer agreed with me, for whatever the reason. However, some past recipients of my wrath would certainly be quick to turn such a law against me, even though I am a much cooler head today, years later.

 

But, having a pistol or rifle in my hands always leveled my thinking, whenever I encountered danger and imminent harm, having traveled the most dangerous areas of America, at one time or another. It tamped down any anger, since I have always been all too cognizant of the power of firearms and the damage they can do, my entire life; and, due to my respect for all life, I never wanted to take another person’s life, if there was anyway to avoid doing so.

 

I’ve had a firearm of one type or another in my hands, since I was eight years old, when my father first started teaching me firearm safety, and I received more instruction in the 6th grade at a summer camp at Columbia Military Academy (Columbia, TN), where all the children were handed .22 caliber semi-automatic rifles, in 1969, for a well supervised target practice; and of course, I received further instruction upon joining the U.S. Army years later. Good people raising good children will make for a safer society. Teach your children well, starting with the Ten Commandments, or a similar moral code.

 

If more gun laws worked, Mexico wouldn’t have had 100,000 people killed by firearms in the past decade. It has the most restrictive gun laws one might imagine, and it has only one gun store, that sits in the middle of a military base and has soldiers for clerks. Restrictions on the good and decent citizens, whether in Mexico or America, only favors the criminals.

 

There is also a much more serious issue at hand: If the Constitution can be suspended in a secret hearing, this can only lead to a despotic government and great tyranny. The Democrats have already proposed the forced confiscation of the American people’s firearms and weapons by armed squads of police.

 

What if this publication could be shut down without due process, based on a secret complaint? Or individuals could now be arrested or imprisoned for 21 days, or more? How far off can torture be?  Eroding the Second Amendment in this manner erodes the entire Bill of Rights.

 

Any American who values our rule of law and the Bill of Rights and the inalienable rights that preexist politics and government should be opposing all the new gun control measures coming our way, as we work to keep the legal and justified means of self-defense in the hands of all law-abiding citizens, since not one state law in this respect is constitutional, and a federal law would not be either. Taking away rights from law-abiding citizens due to terrible acts by criminals, a small percentage of the population, is precisely what our Constitutional Republic was designed to protect against and expressly forbids. The legal philosophy behind these laws is dangerously illegitimate, and far from bipartisan or consensus proposals, they represent a constitutional Rubicon and the point of no return.

 

Y’all can give up your semi-automatic weapons if you’re of a mind to do so. As for me, they’ll have to pry them from my cold, dead hands.

 

By Justin O. Smith

___________________________

Edited by John R. Houk

Text enclosed by brackets and all source links are by the Editor.

 

© Justin O. Smith