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Military courts could order ‘red flag’ gun confiscation under defense bill
americanmilitarynews.com ^ | Sept. 23, 2021 | LIZ GEORGE

Posted on 09/23/2021 5:04:16 PM PDT by PROCON

A provision in the 2022 National Defense Authorization Act would allow military courts to issue protective orders that include “Red Flag” gun confiscation, according to the more than 1,300-page bill.

In the legislation, those beholden to the United States Code of Military Justice could be issued a “military court protective order” by a military judge or magistrate, which would make “possessing, receiving, or otherwise accessing a firearm” illegal.

“A military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18,” SEC. 529 of H.R. 4350 states.

Additionally, military court protective orders issued on an emergency basis are exempted from providing the recipient with the standard “right to due process.” Instead, “notice and opportunity to be heard” must only be provided after an order was already issued.

“EMERGENCY ORDERS.—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe,” the section continues. “In the case of ex parte orders, notice and opportunity to be heard and to present evidence must be provided within a reasonable time not to exceed 30 calendar days after the date on which the order is issued, sufficient to protect the respondent’s due process rights.”

Gun Owners of America (GOA), a pro-Second Amendment gun rights advocacy group, warned the military gun confiscation orders could provide lawmakers with a precedent to extend the rule to the general population.

“Like the proverbial camel’s nose in the tent, allowing this provision to remain in a bill pertaining to the military will eventually work its way into legislation applying to the rest of the population,” GOA wrote. “That’s why we need to raise our voices in unison against these gun confiscation orders.”

“Again, this is just the foot in the door. If Nancy Pelosi gets this into the military code, then it becomes the ‘precedent’ for enforcing gun confiscation against the rest of the population,” the group continued. “Seizing firearms first and ‘getting the Due Process later’ will never constitute sufficient Due Process, no matter how much anti-gunners may pretend it does.”

Earlier this year, President Joe Biden urged Congress to pass a federal “red flag” gun confiscation law.

“The President urges Congress to pass an appropriate national ‘red flag’ law, as well as legislation incentivizing states to pass ‘red flag’ laws of their own. In the interim, the Justice Department’s published model legislation will make it easier for states that want to adopt red flag laws to do,” a White House said in a statement.


TOPICS: Military/Veterans
KEYWORDS: 2ndamendment; banglist; biden; gunconfiscation; military; nancypelosi; redflaglaws; rkba; ucmj
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To: PROCON

Drip drip drip drip....


41 posted on 09/23/2021 7:06:23 PM PDT by AlaskaErik (In time of peace, prepare for war.)
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To: SuperLuminal
it certainly is within the realm of possibilities that they will go all in while they are still in complete control...

Yeah, I suppose we need to, at this point, decide if we're going to be optimists or pessimists, not sure which side I'm leaning towards yet, *Sigh*

42 posted on 09/23/2021 7:09:56 PM PDT by PROCON (Sic Semper Tyrannis)
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To: bankwalker

Patch McCain......


43 posted on 09/23/2021 7:49:10 PM PDT by Lurkinanloomin ( )
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To: lee martell

Molon Labe’ Baby,Molon Labe’.
You think I am going to have happen to me what Australians have allowed happen to them.
Mookabookers if I am at a peaceful protect against the gub mint and some mookabooker being paid by said gubmint shoots me with any damned thing God help em.


44 posted on 09/23/2021 7:49:34 PM PDT by Joe Boucher (Dementia Joe and the Whore, leaders of the Free world. ( F-you dementia Joe.))
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To: PROCON
"not sure which side I'm leaning towards yet, *Sigh*"

I'm leaning towards a mixture of: "Prepared & Determined"
Hell... I'm 88 in November... What have I got to lose?
It's my wife, children, grandchildren and great grandchildren that I worry about...

45 posted on 09/23/2021 8:03:16 PM PDT by SuperLuminal (Where is another Sam Adams now that we desperately need him?)
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To: SuperLuminal
I'm leaning towards a mixture of: "Prepared & Determined"

Me too, FRiend, me too.

It's just so incredible watching how quickly our country became ruled by traitors voted in by our fellow Americans.

46 posted on 09/23/2021 8:24:25 PM PDT by PROCON (Sic Semper Tyrannis)
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To: PROCON

Sorry Dims, this BS doesn’t supersede the Constitution. Out of my cold, dead hands.


47 posted on 09/24/2021 2:13:35 AM PDT by vpintheak (Live free, or die!)
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To: PROCON

Note that they’re also pressing for a dishonorable discharge if a soldier refuses the jab, meaning that they become prohibited persons. So, why not just go ahead and confiscate their guns immediately with this convenient provision?


48 posted on 09/24/2021 4:52:41 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: PROCON

Local news is covering still wall to wall repeating same stuff over and over, giving little info. LOCAL NEWS IS IN LOOP FLORMAT.

Shelby County has several surrounding cities, Memphis is the CRIME CAPITOL OF THE STATE. NO COLOR GIVEN

Collierville Kroger shooting: 14 injured, 1 dead at grocery store in Tennessee, east of Memphis; shooter also dead - ABC7 Los Angeles

14 shot including shooter, shooter is a Vender Disgruntled employee. NO ONE HAD A GUN, IN A PERMITLSSS CARRY STATE IN A CRIME RIDDLE COUNTY. These stores play loud music, and scream over it on the microphone. 1 GUN CARRIER COULD HAVE FIRED BAC AND MAYBE KILLED THE SHOOTER, SAVING PEOPLE.

HALF OF NEW PERMIT CARRIERS ARE WOMEN.

https://abc7.com/collierville-shooting-kroger-tn-memphis-news/11041589/

https://www.actionnews5.com/2021/09/23/active-shooting-situation-reported-collierville-schools-sheltering-place/

https://www.wreg.com/news/local/active-shooter-on-byhalia-and-poplar/

https://www.fox13memphis.com/news/local/what-we-know-about-victims-kroger-mass-shooting/OP5WRB66JJAI7L52JNJ2WRYNTU/


49 posted on 09/24/2021 5:07:13 AM PDT by GailA (Constitution vs evil Treasonous political Apparatchiks, Constitutional Conservative.)
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To: GailA

He just walked in with a high powered gun, and started spraying bullets. No mention of aiming at specific person. No age or color given, his car was in parking lot, that much info should have been had.


50 posted on 09/24/2021 5:31:55 AM PDT by GailA (Constitution vs evil Treasonous political Apparatchiks, Constitutional Conservative.)
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To: PROCON

Trying to disarm veterans, the group that most knows how to use guns.

What a surprise…..


51 posted on 09/24/2021 12:48:23 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith)
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To: PROCON

I bet any money they used this as a reason. Except it was already on the books that certain criminal activity be reported so weapons can’t be legally purchased. The AF didn’t do their job, but I bet they’ll gladly confiscate weapons for any reason now.

Federal judge rules Air Force largely responsible for 2017 Texas church mass shooting

federal judge on Wednesday ruled that the U.S. Air Force is largely responsible for a 2017 mass shooting at a Texas church because it failed to report the shooter’s criminal history to the FBI.
The decision concludes that the Air Force is 60% responsible for the shooting.

The decision concludes that the Air Force is 60% responsible for the shooting, noting that the military branch’s failure to submit Devin Patrick Kelley’s domestic violence charges in a federal database allowed him to purchase firearms that he should have been barred from owning

https://www.cnbc.com/2021/07/07/judge-air-force-largely-responsible-for-2017-texas-church-shooting-.html


52 posted on 09/25/2021 1:09:25 PM PDT by Rusty0604 (" When you can't make them see the light, make them feel the heat." -Ronald Reagan)
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