Sen. Rubio's red-flag bill would allow 'temporary' firearm confiscation and delay due process

To no one's surprise, Florida Senator Rick Scott is co-sponsoring the red-flag bill.

Florida Senators Marco Rubio and Rick Scott

Have you ever had a heated argument with your spouse or another family member?

Have you ever been through a contentious break-up or divorce?

Have you ever said something stupid during the heat of an argument, which you immediately regretted?

If you answered yes to any of these questions, your firearms would be at risk under a bill proposed by by Sen. Marco Rubio, R-Fla.

Rubio’s bill — S.292 - Extreme Risk Protection Order and Violence Prevention Act of 2021 — would lure states into creating their own Extreme Risk Protection Orders like we have here in Florida, by offering them federal grants to get started.

You’ll be paying for gun confiscations, folks, if Rubio gets his way. That’s your taxpayer dollars at work.

Rubio’s bill is co-sponsored by Sen. Rick Scott, R-Fla.

Don’t forget that when Scott was governor, he signed into law the largest, most sweeping gun control bill that the state had ever seen. We’re still dealing with fallout from that abomination.

Rubio’s bill allows the petitioner — a law enforcement officer, family member, household member, someone who has a child with the gun owner, a current or former boyfriend/girlfriend, or anyone who lived with the gun owner in the past year — to tell the court that the gun owner "poses a significant danger of causing personal injury to himself or herself or others." 

And here’s the worst part: The gun owner has no right to attend this hearing and, therefore, no ability to defend themselves.

It is, folks, a secret hearing with secret evidence, which reminds me of the secret tribunals held in the former Soviet Union.

The legal standard is "clear and convincing evidence" that you’ll become a threat "in the near future."

How they determine that with only one side present in the courtroom is beyond my comprehension.

Magic, maybe? Voodoo?

If the standard is met, look out.

The first sign that your guns are at risk will be when law enforcement officers knock on your door with a court order to take them. And if you resist, you’re going to jail.

After your guns are confiscated, the court will then schedule a hearing — within 14 days — that you can actually attend and defend yourself, but you better offer “clear and convincing evidence.” If you don’t, the court can extend its no-guns order for up to a year.

This is Rubio’s second attempt at passing this bill. His first attempt, in 2018, failed because the bill never got a vote.

Nowadays, with the Democrats in charge, he’ll likely have more luck.

Ironic, that.

Takeaways

Red flags, ERPOs — whatever you want to call them — are a sick legal joke.

They’re unconstitutional through and through.

In my humble opinion, red-flag orders violate the Second, Fourth, Fifth. Sixth, Seventh, Ninth and Fourteenth Amendments, but I may have missed a couple.

Think about it. These laws grant the government the authority to enter your home — your castle — and seize your property based on hearsay.

Due process is an afterthought.

What happened to the presumption of innocence?

In a criminal case, the defendant has a right to be told of the charges they face, and to offer evidence in their own defense before a judge, who only then determines whether the case will go forward.

What happened to that?

These laws strip us of our constitutional rights solely because we own guns.

In my humble opinion, Rubio’s bill shouldn’t see the light of day, and all existing red-flag laws should be struck down.

Also, again in my humble opinion, Florida really needs a couple new Senators.

As always, thanks for your time.

Lee