After I sent our Action Alert last Friday, I learned that Leftist Maine Senator Anne Carney is circulating an amendment to her No-Due-Process Gun Confiscation “Red Flag” bill, LD 1068 (SP 336). The Amendment, is nothing more than “tomfoolery” because it still creates a framework to confiscate someone’s guns if someone else feels “harassed”. Maine law, Sec. 1. 5 MRSA §4651 has a very broad definition of harassment.
The amendment is a “nothing burger,” which also shreds due process for the purpose of anti-gun activism.
To begin with, the underlying bill specifically encourages courts to confiscate guns in connection with harassment orders. But here’s the rub: These harassment orders can be “ex parte” middle-of-the-night proceedings in which a gun owners has no notice, no hearing, and no right to be heard. This is unconstitutional.
So what does the “nothing burger” amendment do?
It says the court, in its order, should charge a “heightened risk of danger” as the reason for its action. Will this create any impediment to any court doing what the plaintiff wants it to do? No.
Some of the specified reasons for gun confiscation (“excessive alcohol”) are pretty broad — though the list is not exclusive.
So the police show up in the middle of the night to ransack the gun owner’s home. They can obtain a search warrant, but nothing in the bill specifically requires them to.
The defendant can petition for a hearing AFTER THE FACT. But there is no specific time limit in which the hearing has to be held.
The court is required to specify prohibited firearms. But there is nothing to prohibit the court from specifying “ALL FIREARMS.”
Finally, there are no procedures for getting the guns back. This is a complete abrogation of due process. If the Constitution means anything, it prohibits abominations like this.
Please don’t wait, click here to urge Senators and Reps. on the Judiciary Committee to reject both LD 1068 and the proposed Amendment.