{"id":68964,"date":"2021-06-13T22:33:57","date_gmt":"2021-06-14T03:33:57","guid":{"rendered":"https:\/\/milesfortis.com\/?p=68964"},"modified":"2021-06-13T22:33:57","modified_gmt":"2021-06-14T03:33:57","slug":"68964","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=68964","title":{"rendered":""},"content":{"rendered":"

Feinstein Introduces Federal Extreme Risk Protective Order Bill<\/a><\/p>\n

The matter of Fourth Amendment protections for firearm owners has yet to fully have its day in court. The promising outcome from\u00a0Caniglia v. Strom<\/a><\/em>\u00a0on May 17, 2021 does point to gun owners having protection from firearm seizure when a warrant is absent. The\u00a0Caniglia<\/em>\u00a0case was\u00a0reported<\/a> nearly a month ago by Cam Edwards, and in his correct estimation, it can have effects going forward concerning due process for those trapped up in such situations, and how the high court views them:<\/p>\n

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It\u2019s encouraging to see the Supreme Court unanimously agree that Edward Caniglia\u2019s Fourth Amendment rights were violated when his firearms were seized without a warrant, but I suspect that a challenge to a state\u2019s red flag laws would result in a much more divided opinion.<\/p>\n

While this case didn\u2019t directly involve a Second Amendment challenge, it\u2019s also good to see that even the progressive wing of the Court concluded that the seizure of Caniglia\u2019s legally-owned firearms infringed on his constitutional rights. It may not indicate a sea change from the liberal justices, but at least in this case they declined to treat the Second (and Fourth) Amendment as a second-class right.<\/p><\/blockquote>\n

While I agree with Edwards\u2019s suspicion that \u201cred flag\u201d laws might yield a more divided opinion, this case will in my opinion have an impact on litigation against all of the unconstitutional seizure policies. In a concurring opinion, Justice Alito conceded the\u00a0Caniglia<\/em> case does not address \u201cred flag\u201d laws directly, but I\u2019m sure the case will be cited in case documents filed in lower courts.<\/p>\n

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On May 25, 2021 Sen. Dianne Feinstein (D-Calif.) and Rep. Salud Carbajal (D-Calif.) both had no issues introducing a federal \u201cred flag\u201d bill. This introduction comes as a slap in the face to the justices who ruled unanimously in\u00a0Caniglia,\u00a0<\/em>only a little over a week after the opinion was rendered.\u00a0Extreme Risk Protection Order Act<\/a>, from comrade Feinstein\u2019s\u00a0release<\/a>\u00a0states the bill aims to in part:<\/p>\n

\u2026help states enact laws that allow family members and law enforcement to acquire temporary court orders to have guns removed from dangerous individuals.<\/p>\n

One state that has already enacted such a law is California, where an extreme risk protection order law was passed in 2016 after a gunman killed six students in Isla Vista. The shooter had exhibited warning signs on social media and his mother warned local law enforcement about his behavior. Unfortunately, they were powerless to stop him from obtaining a gun.<\/p>\n

However, only 19 states and the District of Columbia currently have extreme risk protection order laws. This bill is intended to make it easier for more states to enact these life-saving laws.<\/p><\/blockquote>\n

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I understand Feinstein\u2019s quixotic feelings to use her beloved California as an example of the \u201cway\u201d to do things, but sorry, California\u2019s \u201cgun control\u201d measures have shown to be ineffective. The latest blow to the Golden State was having their\u00a0\u201cassault weapon\u201d ban smacked down<\/a>\u00a0and the\u00a0magazine capacity debacle that persists<\/a>. Feinstein brought this proposal up in light of\u00a0Caniglia,\u00a0<\/em>with the court themselves stating that the constitutionality of a number \u201cred flag\u201d laws probably should be explored. Instead of waiting for challenges to these laws to make their way to the high court, Feinstein decided to draft a bill to encourage more states to draft these proposals. To me, this is just hubris.<\/p>\n

Constituents and voters in California have short memories. Feinstein\u2019s overall prohibitionist attitude to many freedom related things goes way back. Forget guns. We know dearest Dianne has no warmth for firearms in her heart. But how about the AIDS epidemic of the 80\u2019s? In 1984 when Feinstein was mayor of San Francisco she had all the \u201cgay bathhouses\u201d and \u201chomosexual clubs\u201d closed. You can read the articles on your own and make up your own opinions:<\/p>\n

San Francisco closes homosexual clubs because of AIDS<\/a><\/p>\n

and<\/p>\n

San Francisco to close gay bathhouses<\/a><\/p>\n

What does this have to do with firearms, or \u201cred flag\u201d laws? This is just a stunning example of singling out one population and discriminating against them. The AIDS epidemic was, and still is, a very real danger to our population. None of what I\u2019m suggesting is to downplay the effects of the time period. However, let\u2019s focus on the prohibitionist mentality versus say the educational element they also employed (which they admitted\u00a0showed results<\/a>).<\/p>\n

We know the end game, she had gay clubs shut down. If Feinstein or any other politician in 2021 were to suggest the closure of gay bars or clubs they\u2019d be, rightfully so, run out of town on a rail. The message to the voters over there in California is that this woman is no friend to freedom. So why should anyone be taking her advice on instituting a law that aims to strip people of their fundamental rights without due process? She led a witch hunt against homosexuals in the 80\u2019s and she leads witch hunts against gun owners. It\u2019s high time we dust off our history books and put things into perspective. If their educational program was working, why did she have the clubs shut down?<\/p>\n

The Fourth Amendment and our right to due process is sacred. Extreme risk protective orders, aka \u201cred flag\u201d laws, don\u2019t do anything to serve public safety. What\u2019s already on the books can serve the same purposes, but do so constitutionally. All 50 states have involuntary commitment laws. Further, any person that an individual thinks is a credible danger can report that person to the police for investigation.<\/p>\n

The failings have been in the executing of the laws we have, and the dangerous games prosecutors paly in plea bargaining and fostering a revolving door justice system. Most every episode of \u201cCam and Company\u201d has a recidivist report showing the executive and judicial failures to actually serve and protect the people, allowing criminals to roam free.<\/p>\n

Also on the topic of \u201cred flag\u201d laws is the fact they have\u00a0already been weaponized<\/a>\u00a0to target people over personal disputes. A recent\u00a0case out of Florida<\/a>\u00a0dealing with the regular restraining order process many states already have in place highlighted the failings of such measures and found a man\u2019s firearms were confiscated in violation of his rights. With \u201cred flag\u201d laws in place, there is nothing stopping someone that has a beef with another person from triggering one of these orders on them in retaliation over personal matters.<\/p>\n

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If the encouragement of usurping people\u2019s rights does not bother you, then perhaps we can draw from the text of the bill something that may:<\/p>\n

IN GENERAL.\u2014The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection.<\/p><\/blockquote>\n

They want, we the people, the tax payers to foot the bill. I don\u2019t know about you, but I\u2019m not comfortable paying for measures that strip civil liberties.<\/p>\n

Feinstein \u201csaved\u201d the gay community by shutting them down. That\u2019s what she does, shuts things down.\u00a0In her own words<\/a>:<\/p>\n

If I could have gotten 51 votes for an outright ban, picking up every one of them, \u2018Mr. and Mrs. America, turn em all in,\u2019 I would have done it<\/p>\n

\u2026<\/p>\n

If I had my way, I would ban the possession of assault weapons anywhere in the United States of America, but there were not going to be the votes for that<\/p><\/blockquote>\n

Dianne, your credibility has been gone for a long time, it\u2019s time to retire.<\/p>\n

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Feinstein Introduces Federal Extreme Risk Protective Order Bill The matter of Fourth Amendment protections for firearm owners has yet to fully have its day in court. The promising outcome from\u00a0Caniglia v. Strom\u00a0on May 17, 2021 does point to gun owners having protection from firearm seizure when a warrant is absent. The\u00a0Caniglia\u00a0case was\u00a0reported nearly a month … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,9,5,8],"tags":[],"class_list":["post-68964","post","type-post","status-publish","format-standard","hentry","category-crap-for-brains","category-enemies-foreign-domestic","category-politics","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/68964","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=68964"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/68964\/revisions"}],"predecessor-version":[{"id":68965,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/68964\/revisions\/68965"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=68964"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=68964"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=68964"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}