By Chris “Badger” Thomas at Breaking First
One of the biggest problems with red flag laws is that they allow the government to take guns from people who have not been convicted of doing anything, not even making threatening noises. Such an order should make people very nervous. If they can infringe on the Second Amendment rights of an individual on such minimal evidence, particularly with the individual in question not even present to defend themselves, what other rights can they trample on?
To try and mitigate those concerns, lawmakers often put a limit on how long someone’s guns can be held before they get their day in court. In California, it’s 21 days. Three weeks of being treated like a criminal based despite no due process of law. Bearing Arms
Red Flag laws are already against the second amendment and your rights but we knew once we allowed these ridiculous laws to be tolerated that it would just be a matter of time before they were manipulated and the gateway for more horrific firearm laws to pass.
As Bearing Arms describes,
A state with one of the worst “Red Flag” gun confiscation laws on the books just got worse. On April 13, California Attorney General Xavier Becerra issued a guidance document on the procedures concerning certain types of restraining orders. Citing the ongoing COVID-19 panic, Becerra noted that all ex parte Gun Violence Restraining Orders (EGVROs) are to be extended 90 days past the statutory expiration date.
Under state law, such orders expire after 21 days – meaning that an ex parte GVRO may now last up to 110 days. California’s latest attack on gun rights and due process should serve as a warning to gun owners across the country about the dangers inherent to “Red Flag” gun confiscation laws.
However, Becerra has adopted an interpretation of state law that requires a full GVRO hearing to take place before an ex parte or temporary emergency GVRO expires during a judicial emergency. In his guidance, Becerra’s office noted “[d]uring the COVID-19 statewide emergency, all gun violence orders issued or set to expire will be extended up to 90 days to allow the matter to be heard by the court.”
Cal.Gov.Code §68115 provides that during “judicial emergencies” the courts may “[e]xtend the duration of any temporary restraining order that would otherwise expire because an emergency condition, as described in this section, prevented the court from conducting proceedings to determine whether a permanent order should be entered.The extension shall be for the fewest days necessary under the circumstances of the emergency, as determined by the Chairperson of the Judicial Council.”
With the Pandemic covid virus taking hold on our nation we have witnessed the fall of the American freedoms and rights all the while people took a knee without so much as questioning the government. Now we see firearm laws at the forefront of abuse by individual states and it comes as no surprise that California is leading the corrupt path.
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Chris “Badger” Thomas is a Veteran who served our country as an Army Combat Medic.
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