Gun confiscation orders (red flag laws) are in military spending bill

gun confiscation orders red flag laws military

Gun confiscation orders (red flag laws) are in military spending bill

One of Joe Biden’s top priorities since becoming president has been to begin the dismantling of the Second Amendment via anti-gun rights executive orders, so it should come as no surprise to see Democrats include a provision within their military spending bill requiring U.S. Armed Forces to create a gun confiscation program to be called Military Court Protective Orders — they’re called red flag laws in the civilian world.

Calling gun violence an “epidemic” and an “international embarrassment,” Biden rolled out a plethora of executive orders (or actions) back in April loaded with Washington doublespeak about how he will address the issue without violating the Second Amendment — which means, of course, he’s doing the exact opposite.

Biden outlined six measures his administration would pursue to curb gun violence, including instructions for the Department of Justice to create a red flag law template for the states to use when writing their own legislation. In addition, he also wants a national version of the unconstitutional gun-grabbing legislation along with incentives (bribe money) for paying states that pass red flag laws of their own.

For the record, a national red flag law has been on the radar screens of Sens. Lindsey Graham and Marco Rubio for years. In other words, there’s no difference between the parties when it comes to protecting gun rights and the Constitution.

In the 2022 National Defense Authorization Act, anti-Second Amendment members of Congress have included in the military spending bill provisions for issuing gun confiscation orders (Military Court Protection Orders) — red flag laws — that will be issued by military judges and magistrates (via Gun Owners of America):

Congress is about to vote on red flag Gun Confiscation Orders (GCOs)!

GOA just discovered “Red Flag” GCOs for those subject to the United States Code of Military Justice (UCMJ) in the 1,362 page 2022 National Defense Authorization Act.

Like the proverbial camel’s nose in the tent, allowing this provision to remain in a bill pertaining to the military will eventually work its way into legislation applying to the rest of the population.

Specifically, GOA is opposed to SEC. 529 of H.R. 4350 entitled Authority of Military Judges and Military Magistrates to Issue Military Court Protective Orders.

This language would create a Military Court GCO program — a disgusting violation of the Second, Fourth, Fifth, and Fourteenth Amendment rights of our armed service personnel who offer their lives to defend those same constitutional rights every day.

These proposed Military Court Gun Confiscation Orders could be “issued on an ex parte basis” and therefore would “restrain a person from possessing, receiving, or otherwise accessing a firearm” without constitutional Due Process (SEC. 529’s proposed §1567b(j)(1)(A)).

In fact, the emergency Military Court GCOs are explicitly exempted from the “Protection of Due Process” provided for in SEC. 529’s proposed §1567b(h)(1).

This is just the foot in the door. If Nancy Pelosi gets this into the military code, then it becomes the “precedent” for enforcing gun confiscation against the rest of the population.

Specifically, this is what SEC. 529 says about the power to issue gun confiscation orders included in the legislation:

(a) AUTHORITY TO ISSUE MILITARY COURT PROTECTIVE ORDERS — The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section.

A protective order issued in accordance with this section shall be known as a ‘military court protective order’.

Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts. (emphasis mine)

SEC. 526 goes on to say that these orders can be issued without having actually committed any crime; making an allegation that someone might “potentially” harm himself or others is all it takes.

Of course, plaintiffs have to prove their accusation, but the fact remains that gun confiscation orders (Military Court Protection Orders) can be issued without due process.

Taking the guns first and getting to Due Process later — why does that sound familiar? — may make the far-left feel good about their gun-grabbing ambitions, but it’s completely contrary to our constitutionally protected God-given rights.

If you’d like to let your Senators and Congressman know that you oppose including gun confiscation (red flag) laws in the military spending bill, Gun Owners of America has provided an easy way for you to do so. Just click here.


David Leach is the owner of the Strident Conservative. He holds people of every political stripe accountable for their failure to uphold conservative values, and he promotes those values instead of political parties.

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