How Red Flag Laws Can Be Misused

The American Thinker posted an article today about a move during the Obama administration to deny gun rights to veterans and senior citizens.

The article reports:

The Obama administration’s idea of keeping guns out of the hands of the mentally ill was based on a bizarre and discriminatory definition of who might be mentally unstable. In 2013 it was reported that the Veterans Administration was sending letters to vets warning them that they might be declared mentally incompetent and denied their Second Amendment rights unless they could prove otherwise:

The contempt by the Obama administration for our Constitution and our rights has reached a new low with news the Veterans Administration has begun sending letters to veterans telling them they will be declared mentally incompetent and stripped of the Second Amendment rights unless they can prove to unnamed bureaucrats to the contrary…

“A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition. If you knowingly violate any of these prohibitions, you may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act, Pub.L.No. 103-159, as implemented at 18, United States Code 924(a)(2),” the letter reads…

While mental health is a factor in the current gun control debate and recent mass shootings in Newtown, Conn., and Aurora, Colo., and elsewhere have in common the questionable mental state of the shooters, to single out returning vets from Iraq and Afghanistan this way is unconscionable and unconstitutional.

As the Los Angeles Times has reported, the Obama administration would have liked like to make our Social Security records part of the background check system. The move would have stripped some four million Americans who receive payments though a “representative payee” of their gun rights. It would be the largest gun grab in U.S. history.

A potentially large group within Social Security are people who, in the language of federal gun laws, are unable to manage their own affairs due to “marked subnormal intelligence, or mental illness, incompetency, condition, or disease.”

There is no simple way to identify that group, but a strategy used by the Department of Veterans Affairs since the creation of the background check system is reporting anyone who has been declared incompetent to manage pension or disability payments and assigned a fiduciary.

The article concludes:

Keeping guns out of the hands of the truly mentally unstable is a worthy goal, but it should not be used as a cause for disarming veterans who carried a weapon in defense of their country or seniors who might need some assistance in paying their bills.

They deserve the presumption of innocence, and sanity, every bit as much as Vester Flanagan. Stripping away their Second Amendment rights in the name of mental health would be a gross injustice that would not make us safer, but would merely create millions of unarmed victims for the next shooter with an agenda.

We need to make sure that American citizens understand our Constitution and Bill of Rights. The Bill of Rights is there to limit the rights of government–not the rights of citizens. If we want to preserve our republic, we have to continue to fight to protect those rights our Founding Fathers codified in the Constitution and The Bill of Rights.

Watching The Slippery Slope

Every time a criminal or a crazy person shoots people, the Democrats decide that the gun was the problem. They just don’t seem to be able to focus on the person doing the shooting. There is a total disregard for the purpose and history of the Second Amendment.

Townhall posted an article today about some recent comments by a Democrat candidate for President regarding Americans who own guns.

The article reports:

New York Senator Kirsten Gillibrand is one of them and said earlier this week she’s open to putting gun owners who refuse to comply with bogus government “buybacks,” which is simply government confiscation, in prison.

“You don’t want to grandfather in all of the assault weapons all across America. We’d like people to sell them back to the government,” Gillibrand said during an interview with MSNBC. “The point is you don’t want people using assault weapons so the point is ff you’re arrested for using an assault weapon you’re going to be arrested for an aggravated felony. The whole point is when you make it a crime to own an assault weapon then if you are found using it, that would be the issue. It would be part of law enforcement.”

Let’s put this into context. The semi-automatic AR-15 is the most popular rifle in America. The left considers it an “assault rifle.” There are more than 20 million of them owned by Americans across the country. Gillibrand wants to turn every single person who has one into a felon and institute a police state for enforcement.

The article also notes that candidate Kamala Harris is also talking about taking away the right of Americans to own guns. This is obviously unconstitutional, but there are some real questions as to whether our courts are following the Constitution. This is a critical time for gun rights in America.

 

How To Limit The Second Amendment Without Appearing To Do So

Breitbart posted a story today about a Missouri law that limits the gun rights of foster parents in Missouri. The law prohibits all foster parents from carrying concealed firearms or storing ammunition with firearms in the same locked safe. It seems to me that if a foster parent has a concealed carry permit, he knows to store his firearms in a locked safe and to accept the responsibilities of a legal gun owner. Being a foster parent has nothing to do with gun rights.

The article notes:

James and Julie Attaway are asking for an injunction from the U.S. District Court for the Western District of Missouri’s Western Division against the Missouri gun regulation.

…The couple is joined in the suit by the Second Amendment Foundation. They said the regulations “amount to deprivation of civil rights under color of law” and are similar to other laws they’ve challenged in Michigan and elsewhere.

“This is familiar ground for us,” Alan M. Gottlieb, founder of the group, said in a statement. “We have successfully challenged similar regulations in other states when we find them, because there is a significant question about the constitutionality of such prohibitions. We believe this is an unconstitutional provision in Missouri’s Code of State Regulations. It is important for the court to take action to protect the rights of Missouri residents who open their homes and hearts to foster children for whom they wish to provide a stable environment.”

The Attaways said they’re concerned the gun regulation, which they described as “unconstitutional,” may be scaring off other potential foster parents.

“The foster system in Missouri is in need of qualified, loving families to take children into their home,” James Attaway said. “Many families who value their Second Amendment rights to self-defense are deterred from applying to be foster parents. We were not allowed to continue with the licensing process until we agreed to abide by the department’s firearm policy while foster children were placed in our care. We ultimately agreed and finished our licensing process, and while having a foster child in our home, we have had to abide by these unconstitutional policies for fear of losing our foster care license.”

The couple said their goal is to change the regulations so they and other foster parents don’t have to choose between being legally armed and caring for foster children.

“We are pursuing this legal action so that we, and other families who feel called to care for foster children in their home, don’t have to decide between retaining their Second Amendment rights and caring for children in need,” James Attaway said.

I don’t mean to be cynical, but this seems like another back door approach to limiting the Second Amendment rights of law-abiding citizens. This law does nothing to make anyone safer–criminals don’t follow gun laws, and it simply attacks legal gun owners who are trying to do something positive in their community.

Making It Difficult To Exercise Your Rights As A Citizen

The Second Amendment of the U.S. Constitution states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Our Founding Fathers understood that at some point the American people might need to be armed to protect them from a government determined to take away their freedom. Unfortunately, some of our cities are moving to take away the freedom of their residents.

The Lowell Sun in Massachusetts posted an article last Tuesday about some changes that are being made in the city of Lowell regarding gun possession.

The article reports:

A new firearms policy will go into place despite a final plea from gun-rights advocates Tuesday for looser restrictions.

The policy requires anyone seeking a license-to-carry to take a gun-safety course. Anyone applying for an unrestricted gun license must state in writing why they should receive such a license, and to provide additional documentation, such as prior military or law-enforcement service, a prior license-to-carry permit, or signed letters of recommendation.

…Taylor (Police Superintendent William Taylor) did agree to work with one resident, a trained firearms-safety instructor, to help shape a training course applicants will be required to take. The trainer, Randy Breton, strongly criticized Taylor moments earlier for what he said was intentionally expensive training to dissuade anyone from applying for a gun permit.

“It’s beyond ridiculous,” Breton said of courses he looked into. One costs $1,100 over five days, and another doesn’t offer any sessions through the rest of the year in Massachusetts.

Does the Police Superintendent really believe that having to write an essay will prevent criminals in Lowell from getting their hands on guns? I can’t believe this will have any positive effect on the crime rate in Lowell. All that the Police Superintendent will succeed in doing is disarming the citizens so that they cannot defend themselves against criminals with illegal weapons. I also believe that this policy is unconstitutional, so we should look for a lawsuit to be filed quickly.