Posts Tagged due process

Gun Control and Due Process

From The Federalist:

Another area of American life where we continue to see egregious attacks on the presumption of innocence is gun ownership. You might remember that a couple of years ago Democrats engaged in a much-covered congressional “sit-in” to support legislation that would have stripped Americans who’d been placed on secret government watch lists — hundreds of thousands of people who had never been convicted, much less accused, of any crime — of their constitutional right to bear arms.

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Mass. Gov Signs Gun Confiscation Bill

From The Daily Caller:

Republican Gov. Charlie Baker signed a bill on Tuesday allowing for temporary gun confiscation without any due process in Massachusetts.

Bill H4670 enables the police, a family or household member, including roommates, relatives or significant others, to remove firearms, firearm identification cards and ammunition from any individual deemed to be a danger to oneself or others.

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California Passes Law That Ignores Due Process, Strips Guns

From Southern California Public Radio:

Family members who believe a loved one poses a danger to themselves or others will be able to ask police to seek a temporary “gun violence” restraining order from a judge beginning Jan. 1. The order would allow police to seize the person’s guns for 21 days.

Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police.

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New Gun Bill Is Gun Controlers’ Wet Dream

From The Federalist:

Unlike a standard criminal trial, in which a jury must decide beyond a reasonable doubt whether you have violated a criminal law, under this proposed law the government must only show a preponderance of evidence–evidence which will almost certainly be redacted–in order to strip you of your Second Amendment right to defend yourself and your family from terrorists:

In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination under section 922A or 922B of this title. The court shall sustain the Attorney General’s determination upon a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.

Remember, you don’t have to be convicted of any crime whatsoever to end up on the terrorist watch list. You don’t even have to be charged with a crime to lose your constitutional rights under the proposed law. If this proposed legislation were to become law, some DHS bureaucrat–perhaps the type of bureaucrat who wrote earlier this year that “right-wing terrorists” pose the biggest threat to American national security–only needs to snap his fingers and add your name to the blacklist in order to immediately deprive you of your Second Amendment rights and your constitutional right to due process. You don’t even get to review the entirety of the evidence against you.

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