March 19, 2018

We Now Enter a New Phase of Gun Confiscation

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*Editor’s Note* – I received this email from Grass Roots North Carolina

Gun Confiscation Courts to be Proposed

You read that right. Rep. Marcia Morey (D-Durham), a former judge, whose April appointment to the NC House filled a vacant seat, is looking to turn North Carolina into California—but not regarding sunshine and fad diets. In short, Morey will be proposing the establishment of “firearm restraining orders” (FROs) in our state. An FRO would be issued as a result of an “exparte” (emergency) hearing, where a judge can authorize the seizing of a private citizen’s guns where no crime has been proven (no guilty verdict delivered), and in fact, even where no arrest has taken place. Most likely, the proceedings will be allowed to take place even in the absence of the accused. This means the accused citizen cannot face his accusers, nor defend himself through counsel or otherwise. This is a serious violation of fundamental Constitutional due process rights.

A First Amendment Analogy
One could liken an FRO hearing, and subsequent confiscation, to accusing a reporter of so-called “hate speech,” and then, once the accusation is made, an emergency hearing is held without the presence of the accused reporter. The hearing could result in a ten-day gag order being placed on the reporter, barring the reporter from speaking (or reporting) until a primary hearing. So, the reporter’s First Amendment rights are suspended—absent any due process! In the case of Second Amendment rights, even if the accused’s firearms are returned after ten days, there is nothing to prevent the police from having registered them with the BATFE. Moreover, the accused will still be out thousands of dollars spent on the ensuing legal defense—that is, only if the accused can afford it in the first place.

No Pretense, Just Straight-up Confiscation
FROs are not a foot in the confiscatory door. There is no pretense here. FROs blatantly and aggressively kick that door down, and once FROs are in place, the valid reasons for establishing an FRO against an individual will surely loosen. At first, perhaps close family members and a few others very close to a person may be able to point a finger and “report” him. That’s bad enough, but be sure, the already Orwellian rules surrounding FROs will surely expand. It’s likely that, eventually, virtually anyone in a person’s sphere will be able to accuse a person and begin the unconstitutional process of having the accused’s legally owned firearms forcibly confiscated. Does this sound like a free country to you, a free state?

Will Republicans Protect the Citizenry?
As of now, we don’t know how the Republican majority in Raleigh will react when asked to establish a gun confiscation mechanism. We do know that there is always danger that politicians will stick a finger in the air and just “go with the flow,” as the anti-gun crowd aggressively pushes to not “let a crisis go to waste.” There is real danger here. We need to inform our representatives that we will not allow them to rescind our Constitutional due process rights. Free, law-abiding citizens are to remain free, and we will not tolerate being punished for the crimes of another.