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American Thinker
American Thinker
8 Apr 2023
D. Parker


NextImg:You'll never guess which state just ruled gun confiscation 'red flag' laws unconstitutional

The hideous laws designed to violate almost all parts of the Bill of Rights are finally being struck down as unconstitutional.

The Supreme Court of the State of New York, the state's second highest court, recently ruled the state's so-called "red flag" law unconstitutional.   These unconstitutional gun confiscation schemes go by different designations, but they are colloquially known as red flag laws.  The gun-grabbing ghouls of the far left are creative in describing their operation.

Anyone supportive of individual liberty and our commonsense civil rights has been horrified at how these authoritarian abominations violate almost all aspects of the Bill of Rights.  Even worse, they signal a new era in gun control and selective enforcement of the law.

Anti-liberty authoritarians started with a direct violation of everyone's commonsense civil right of self-defense by crafting gun confiscation laws without due process.  But don't ever expect them to utter the C-word; they've worn out their dictionaries and thesauruses, looking for soft-sounding alternatives to the word "confiscation," even though that is exactly what is taking place.  This was coupled with the evisceration of the people's right to due process, so right off the bat, they violated the 2nd and 5th Amendments without breaking a sweat.

Then just to sweeten the deal, they've executed these unconstitutional atrocities with ex parte ("from one party") proceedings, as the Legal Information Institute of Cornell Law School states

Typically, a court will be hesitant to make an ex parte motion. This is because the Fifth Amendment and the Fourteenth Amendment guarantee a right to due process, and ex parte motions — due to their exclusion of one party — risk violating the excluded party's right to due process.

So the great news is that the first time you'll find out that the guns you own (or allegedly own) are to be confiscated will be at 4:30 A.M., when a SWAT team smashes in your front door.  If you and your pets survive that ordeal, there is also the violation of the equal protection of the law (another aspect against the 14th Amendment).

Never being satisfied with just destroying a couple of commonsense civil rights, these laws were cobbled together with assaults on 4th Amendment rights against illegal search and seizure with that 4:30 A.M. raid.  So this is "cruel and unusual punishment" (8th Amendment) against completely innocent people.  Then, of course, the ex parte aspect of these laws violates the 6th Amendment "right to confront witnesses."

Then there is the lovely prospect of the process being the punishment, even if you don't own any guns.  That situation would probably be far worse, since the authorities will feel obligated to tear your house apart to find what doesn't exist.  Good luck getting them to pay for all the damage and putting it back together.  And since one of these unconstitutional punishments can be set upon you for something you said, we'll add the 1st Amendment as well.

So there you have it: one set of laws that essentially violate most of the Bill of Rights, used against people who haven't violated the law.  But that's not even the worst aspect of all of this.  Unconstitutional red flag gun confiscation orders along with unconstitutional enhanced background checks and safe storage requirements signal a new era in gun control.  With these new types of restrictions on freedom, selective enforcement can be the standard, with just one side being deprived of its commonsense civil rights.

Blanket bans and prohibitions used to be the norm, whereby the gaslighting ghouls would try to take all of one type of gun out of circulation.  Now, while they still pay lip service to "assault weapon" bans, the mantra always seems to be the trifecta of tyranny: unconstitutional red flag gun confiscation orders, unconstitutional enhanced background checks, and unconstitutional safe storage requirements (note the common theme in all of that).

Unconstitutional controls on private property with enhanced background checks will see a push for unconstitutional gun registration.  Unconstitutional safe storage requirements will require you to keep your guns in one inconvenient place, ready for quick confiscation when needed.  Then, with all of that in place, all they have to do is go down the list looking for the people they dislike and confiscate their guns.  They will which people are "safe," because they are loyal leftists, and whom to raid.  Isn't that nice?

But now all of that is falling apart.  Several rulings have finally and logically determined that red flag gun confiscation schemes are unconstitutional — in New York State, no less.  

Let's hope the freedom trend continues and these laws are struck down everywhere, and we are finally rid of this threat to individual liberty.

D Parker is an engineer, inventor, wordsmith, and student of history, the director of communications for a civil rights organization, and a longtime contributor to conservative websites.  Find him on Substack.

Image via Max Pixel.