Red Flag Laws: The Nail in the Coffin to Gun Rights
and Other Historic Rights of Anglo-American Patriots
Liberal Democrats, with some Republican support, are enacting Red Flag Laws across the country. Red Flag Laws are explained at https://pjmedia.com/news-and-politics/why-red-flag-laws-are-worse-than-you-think/?fbclid=IwAR07TkDKdBhIMBs9vk26Q09Qx1QK461ci1iWpNVetx5roNZDCrWcPexBj3Y :
“As red-flag laws again
take center stage in the statists’ interminable gun control drama, many Second
Amendment advocates seem to have dozed off. Objections to red-flag laws have
been limited to ex parte hearings and surprise
firearm confiscation. But red-flag laws mangle due process in even more violent
ways.
- The
Void-for-Vagueness Doctrine, a cornerstone of American jurisprudence,
requires laws to be written “in a manner that does not encourage arbitrary
and discriminatory enforcement” (Kolender v. Lawson). By forcing
a judge to perform the tenebrous ritual of predicting a person’s future
criminal behavior in the absence of any violation of law, red-flag statutes
descend to the most disreputable level of “arbitrary and discriminatory”
legislation. Due process is always denied when a law fails to comport with
the Vagueness Doctrine’s imperative for clear and consistent standards…
- Red-flag
hearings must rely entirely on a “presumed fact” (the defendant poses an
imminent danger to himself or others) being established by a “basic fact”
(for example, the defendant has been repeatedly overheard saying, “I’d
like to kill that idiot”). But Cornell Law School’s Legal Information
Institute notes that, under Tot
v. United States, a presumed fact satisfies due process only if it passes
a “rational connection” test: There must be strong reason to believe that
the presumed fact is more
likely than not to flow from the basic fact on which it depends (Leary v. United
States). In today’s verbally immoderate society, there is almost never
a rational connection between people’s insolent, bombastic, or sinister
comments and the likelihood of future criminality. To function as
intended, red-flag laws must deliberately abandon the rational connection
test and alienate themselves from fundamental due process.
- Mental
disease evidence is likely to play a role in many red-flag hearings, yet
this material often stands at odds with due process. Clark v. Arizona recognized the vagaries of
mental disease evidence, including “the controversial character of some
categories of mental disease, the potential of mental-disease evidence to
mislead, and the danger of according greater certainty to [this] evidence
than experts claim for it.” We can imagine how easily a red-flag hearing
could shatter due process by granting undue weight to exotic psychiatric
testimony…
- Because
“reasonable doubt” has been long established as the standard of proof for
criminal cases, it must naturally apply to judicial proceedings in which
an individual, who
has not even been charged with a crime, can be stripped of a
constitutional right. Nevertheless, red-flag laws often rely on “a
preponderance of the evidence,” a radically diminished standard of proof.
This, above all other injuries to due process, offends our system of
liberty and fair trial.
Red-flag laws fly under our constitutional radar and rely on the
public’s willingness to sacrifice essential liberty for a tiny gain in safety
(Benjamin Franklin cautioned against this folly in 1775). Seventeen states
already have enacted red-flag laws, and bills are on the move in at least six
more states. In all cases, essential due process is a casualty.”
To the applause of most of the Democratic Party faithful, and the non-contradiction of the other Party candidates, Beto O’Rourke stated the purpose of the effort: “…, yes, we’re going to take your AR-15, your AK-47.” And in the process of confiscating the guns, they intend to trample on many other due process rights which Anglo-American patriots have historically enjoyed.
The Democratic-led Congressional House of Representatives made it loud and clear whose guns they especially intend to confiscate: Anglo-American patriots! As reported in https://www.thetruthaboutguns.com/congressional-dems-red-flag-confiscations-are-good-for-joe-sixpack-but-not-for-gang-members/ :
“One of the disturbing signs emanating from Congress and the White House is the reported support “red flag” laws are getting after the recent spate of shootings in Texas and Ohio. While there are a lot of questions as to the effectiveness of red flag laws in preventing actual crimes, there’s little dispute about their total disregard for the due process rights of gun owners who are targeted…when Congressional Dems were drafting the federal bill they’re currently pushing to incent state to enact their own red flag laws, they balked at applying the statute to known criminals…Democrats couldn’t quite stomach the thought of grabbing guns from people known to commit a significant percentage of America’s violent crimes and most of the criminal instances of “gun violence.”… congressional Democrats give gang members more benefit of the doubt than they afford average law-abiding Americans when their Second, Fifth and Fourteenth Amendment rights are at stake.”
Red flag laws are part of a long process of usurping the gun rights of ordinary Anglo-American patriots step-by-step:
· The Articles of Confederation, America’s original constitution, were illegally abandoned, and significantly more power was placed in the hands of the national government, including over the military and the purse. As Patrick Henry stated: “My great objection to this Government is, that it does not leave us the means of defending our rights, or of waging war against tyrants: It is urged by some gentlemen, that this new plan will bring us an acquisition of strength, an army, and the militia of the States. This is an idea extremely ridiculous. Gentlemen cannot be earnest. This acquisition will trample on our fallen liberty: Let my beloved Americans guard against that fatal lethargy that has pervaded the universe. Have we the means of resisting disciplined armies, when our only defence, the militia, is put into the hands of Congress?” (https://bigleaguepolitics.com/patrick-henry-articles-confederation-just-fine/)
· The State militias were federalized, starting with the Militia Act of 1903.
· The federal government, along with many States, have progressively restricted individual gun ownership and enacted red flag laws enabling confiscation without even due process.
Each step in this process has been completely un-constitutional and lawless. At the same time there has been a general trend of increasingly socialist legislation, godless mandates at the federal level, and migration into the nation (illegal as well as legal) by many who have little interest in historic American legal rights. The end of this, if it is not stopped by God’s grace, will certainly be Marxist tyranny. One simply needs to study the agenda of Elizabeth Warren, Bernie Sanders, Julian Castro, Kamala Harris, etc. to see where this is heading.
State Committees of Correspondence of Anglo-American patriots are being organized to address this situation, with the ultimate goal a confederated USA of Anglo-American patriot States, under the Articles of Confederation (America’s first constitution). We are pursuing our objective in a constitutional and morally lawful manner, unlike those who are trying to dispossess us of our God-given rights. By God’s grace, we will not be cowed from our moral duty by charges of “racist” thrown at us. Babel’s morality is not Biblical morality. God has ordained there to be independent sovereign nations and people groups, not wicked one-world government with significant concentration of power.
Anglo-American patriots need to be planning for confiscation of our guns by government officials. We do not want to happen what happened recently to a suburban Maryland gentleman, as described in the article entitled “Maryland’s ‘Red Flag’ Law Turns Deadly: Officer Kills Man Who Refused To Turn In Gun “ at https://baltimore.cbslocal.com/2018/11/05/fatal-officer-involved-shooting-in-anne-arundel-county/?fbclid=IwAR17PqzSkBc2Vy5RIeZUGlXO0pga7ZVvlUcq9hK8DDfRygC_wP5D_-UsMt8 . Government officers showed up at his house to confiscate his guns, he resisted and reached for his gun, and he was shot dead on the spot. The response we are recommending is one that both avoids such armed conflict and yet lets Anglo-American patriots keep our guns. It shows due respect to government officials, but also does not cave in to what is a wicked agenda that seeks to deprive us of our God-given rights. Committee of Correspondence members are being advised of methods to accomplish this. America’s first national flag is the symbol of the States’ Committee of Correspondence enterprise:
This is the red, white, and blue flag we shall wave in the face of “red flag” laws.