Monthly Archives: October 2019

Red Flag Laws

The 2nd Amendment of the US Constitution is under attack like never before in our nation’s history.

I want to be clear on my stand on the 2nd Amendment and my opinion on certain types of weapons being scrutinized for potential banning.

I am an avid supporter of the 2nd Amendment in all respects. I believe in Constitutional Carry where you can have your weapon open or concealed without a license or permit. However, since we have allowed the watering down of our rights, I follow my states law and have a Concealed Handgun Licensee. In Texas, this now allows me to Open Carry my weapon.

Hold on – I am also Federal Firearms License for a business we have that brings in implements of war. So I know what the ATF does and does not do.

I am not for convicted felons, non-citizens, or the mentally ill having access to guns and that is where the ground shifts from solid to quicksand.

Ceding Rights
Effectively, America went from being able buy what you want when you want to the Land of Legal Firearm Restrictions in the last 25 years. While it can be argued it goes further back, significant changes occurred after the end of the Cold War. As a teen and young adult of the 80’s, I had remember when rifles were on gun racks in trucks and you could walk in with your driver license and buy the gun of your choice.

Now people freak if you have a rifle on a rack and we know the process for buying has changed dramatically. While I am against most of the changes, getting better on screening for those who are felons or nutcases was an area of concern. The ability to screen for that did not come around until the 90’s and is the only positive I can say on changes, but props are due.

A Little History
The US Constitution is the Law of the Land and all things are federal unless applicable under the 9th and 10th Amendments. Understand I am a big 9th and 10th Amendment fan and want to see more clarification on items the feds have taken under control that I believe are States rights.

The 2nd Amendment is not one of them. It was written by those that had just come from a war where a tyrant set aside their laws when it suited them (sounds eerily familiar?). The locals had to arm themselves to defeat an oppressive government. Remember that. We call them Revolutionaries for a reason. 

In my opinion, our 2nd Amendment rights start with being able to protect ourselves from the government. I do hunt with my shotguns and rifle. However, my shotguns at home are for protection. My pistols on my person or in my car are for protection. My AR-15 is for shooting predators on my land. Read into that what your want.

Heller
Dick Heller was a DC cop who got tired of not being able to have a gun in his DC home due to local law. After learning of a conviction of a fellow DC resident over shooting a burglar, Heller felt the courts needed to be challenged on this. In 2003 District of Columbia v Heller was filed. In 2008, after many twists and turns, was heard by the Supreme Court. At issue was the District of Columbia ban on handguns. In the landmark 5-4 decision, it was ruled that the District of Columbia ban on handguns and trigger lock requirement violated the 2nd Amendment.

Heller has been a watershed victory for gun rights and re-establishment of the feds Supremacy Clause in this matter.

What is a Red Flag Law
They are supposed gun violence prevention laws that allow police or family members to petition a state court to order the temporary removal of firearms from a person they deem to present a danger to themselves or others. Might sound good in theory, but has multiple issues.

  • Conflict with the Supremacy Clause – Article VI Clause 2  This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. What that means is that the US Constitution has the trump card over all items over any law originating in the US Constitution or the US Congress. It’s the “States be Damned” Clause.
  • Those family members making the claim that a “temporary” removal of firearms have no requirement of qualification to justify their cause.
  • “Temporary” is a misnomer. If you get flagged and lose your guns, it is a tedious, lengthy, and expensive process to get them back.

These laws are the basis for removing free speech and conditioning behavior. Doubt me? Watch as states where these laws are currently on the book will have one party calling any opposition as “mental illness” or other such nonsense with the underlying goal of getting the guns.

Defining Mental Illness
Here is the real quicksand. For you to buy a firearm in the US, you have to go into a dealer and apply to purchase. A background check is done by the ATF through a web portal provided to the dealer. If anything negative comes up – DWI, DUI, reports of assault, criminal convictions, certain civil convictions, and yes – mental illness will get your purchased denied.

So how is mental illness part of the ATF background check? Well, this little thing call HIPPA was the first law that brought medical records under fed control. The ACA roll-out in 2013 has a few little known provisions for doctors reporting mental illness to HHS. Why do you think your docs, MD or psychologist ask about how you “feel” and are you mentally OK? It’s not because they enjoy it – they are required.

The question is what defines mental illness? There is the spot between the rock and hard place. Those who hate guns want a sliding scale and those of us who want guns want a firm definition and for it to be in concrete.

The only real Red Flag being flown here is a Communist one.

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