EXCLUSIVE – Kobach: The Gun Confiscation Crusade Begins Wake Up America!

The next chapter of the Parkland, Florida, school shooting saga has begun. Anti-gun interest groups and politicians have used the Parkland shooting to launch what, until recently, they regarded as a distant dream — a wave of state legislation authorizing the confiscation of firearms.

Quietly, but quickly, a raft of identical gun confiscation bills have been filed by liberal politicians in states across the country. They are all copies of a ballot measure that passed in Washington State in November 2016. And that ballot measure was loosely based on a California gun confiscation law enacted in 2014 and a much older Connecticut law from 1999.

The first bill in the recent wave was actually enacted before the Parkland shooting. Oregon’s SB 719, a Democrat bill which passed with only one Republican vote, was signed into law in August 2017. Since the Parkland shooting, copy-cat bills pushed by progressive legislators anxious to signal their opposition to guns have moved with alarming speed in blue states. On Wednesday, the Vermont Senate approved its version, S 221. In Rhode Island the bill is H 7688.

In total, more than a dozen states are now considering similar gun confiscation laws. Even red states like Kansas, where SB 431 has been submitted, are considering them. On Thursday, Ohio’s Republican Governor John Kasich jumped on the bandwagon and called for a similar law in his state.

Sometimes dubbed “red flag laws,” they provide for “extreme risk protective orders” that direct police to confiscate all firearms and ammunition from any person who is targeted by such an order. At first glance, that might seem reasonable – nobody wants an unhinged psychopath who poses an “extreme risk” to others to possess a gun. But the laws are written so loosely that law enforcement can also seize the guns of ordinary citizens who have never broken the law.

These gun confiscation measures grossly violate the due process and Second Amendment rights of lawful gun owners. The constitutional problems are as follows:

The seizure of guns without any hearing at all. The laws all contain an “ex parte” provision that allows the state to temporarily seize a person’s guns without even notifying the gun owner or giving him a chance to be heard. This is the quintessential denial of due process. The Fourth Amendment makes clear that a person cannot be denied of liberty (to exercise one’s constitutional right to bear arms) without due process of law. This confiscation is “temporary,” but it can easily lead to long-term or permanent confiscation.
Based on the testimony of one unrelated person. The confiscation order can be based on the testimony of only one person claiming that the gun owner poses a risk to the safety of himself or others. The law deceptively says that it has to be the testimony of a “family member.” But “family member” is defined to include “former dating partners” and anyone who has ever lived with the defendant. So a jilted former boyfriend or girlfriend, or even a roommate from years ago, could easily set in motion the disarming of a lawful gun owner.


Using a very low standard of proof. The standard for obtaining an ex parte order against a gun owner is absurdly low – one need only show “reasonable cause” to believe that the person may pose a risk. That’s even lower than the “probable cause” standard for obtaining a search warrant. In addition, the judge is forced to rush his decision and issue the confiscation order on the same day of the ex parte hearing. Within two weeks of the ex parte hearing, a hearing with the gun owner present must occur; the purpose is to put in place a long-term confiscation order. But even at that hearing, the standard of proof is far below the “beyond a reasonable doubt” standard used in criminal trials. Rather, it need only be shown by “a preponderance of evidence” that the person poses a risk of injury to self or others. What kind of evidence? Things like the “reckless storage” of firearms and drinking habits can be considered. If you keep a handgun in the bedside table and drink beer regularly, you may in trouble.

Shifting the burden of proof to the gun owner. The long-term confiscation order lasts up to a year, but may be renewed indefinitely. Once it is in place, it becomes very difficult to remove. To have the confiscation order lifted, the gun owner must prove he does not pose a threat to himself or others. Proving a negative is nearly impossible. Adding insult to injury, the bill even authorizes local law enforcement to charge the gun owner a storage fee for confiscating and storing his guns.

One need not be a lawyer to see the multiple violations of due process in these laws. Even the ultra-liberal ACLU acknowledges that such confiscation laws threaten due process. Hopefully, when the legal challenges eventually occur, the judges will recognize the multiple constitutional problems.

But such concerns won’t stand in the way of an anti-gun state legislator demanding that we “do something” now. And never mind that the Connecticut confiscation law did nothing to stop the Sandy Hook shooter.

To be sure, a constitutional republic can and should keep guns out of the hands of homicidal maniacs, consistent with the Second Amendment and due process. But these new laws go far beyond what is necessary and shred the Constitution in the process. Indeed, if a government wanted to incrementally disarm its citizenry, then these “extreme risk” confiscation laws would be the perfect first step.

http://www.breitbart.com/big-government/2018/03/02/exclusive-kobach...

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You have two blogs up about this...

Thanks!

Donald Trump’s Gun Comments All But Ensure His Defeat In 2020

Just spewing the nonsense about confiscating law-abiding citizens guns before due process should be enough to send Trump packing in 2020.

https://freedomoutpost.com/donald-trumps-gun-comments-ensure-defeat...

https://www.cchrint.org/psychiatric-drugs/people-taking-psychiatric...

there's numbers there representing how many people in our country were prescribed psychotropic drugs in 2013, it's about 25% of us. Given the additional products available and the rapidly growing acceptance of being prescribed them, to the point of an all out effort promoting acceptance of making mental disorders main stream and normal conversation.. the numbers have surely risen significantly since, including the percentage of population.

They pass these pills out like they are candy, and every time it's official recognition of a mental disorder. it's very little hyperbole to say that every personality trait that is not in line with progressive collectiveism is being labeled a mental disorder and a psychotropic pill is available to be prescribed...  VERY LITTLE hyperbole.

within those numbers provided at the above link you'll find that in 2013 over 1million 0-5 year olds had prescriptions to psychotropic drugs. They've also been prescribed to the typical restless schoolboy in high numbers for decades now.

if this propaganda of mentally ill don't have a right to guns and it's logical to remove that right continues becoming the norm at the rapid rate it has been lately we won't be just getting on a slippery slope we'll be willingly/enthusiastically jumping off a precipice. 

.... and then there's the constant evidences building that it is those pills creating the mass murderers, without a doubt the young mass murderers shooting up the schools. Those were the restless boys that got fed that crap so they'd sit still in their chair.   THAT's been a constant since Columbine, and every time since.

taking away those peoples guns is ineffectively treating a symptom...  and falling, no, LEAPING into a trap.

Even the ultra-liberal ACLU acknowledges that such confiscation laws threaten due process. Hopefully, when the legal challenges eventually occur, the judges will recognize the multiple constitutional problems.

ACLU Owned by George Soros

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ALERT ALERT

Judicial Watch->  Emails Show Dossier-Connected Obama State Dept Officials Set ‘Face-To-Face’ Meeting On ‘Russian Matter’ Shortly Before 2016 Election

Judicial Watch and the Daily Caller News Foundation on Thursday released 84 pages of documents showing Obama’s State Department was central to pushing the ‘Trump-Russia’ hoax shortly before the 2016 election.

The email exchange between then-Assistant Secretary of State Victoria Nuland and Special Coordinator for Libya Jonathan Winer, a very close associate to Christopher Steele, show them discussing a ‘face-to-face’ meeting in New York on a ‘Russian matter’ in September of 2016.

Via Judicial Watch:

Judicial Watch and The Daily Caller News Foundation today released 84 pages of documents, including a September 2016 email exchange between then-Assistant Secretary of State Victoria Nuland and Special Coordinator for Libya Jonathan Winer, a close associate of dossier author Christopher Steele, discussing a “face-to-face” meeting on a “Russian matter.”

(In June 2016 Nuland permitted a meeting between Steele and the FBI’s legal attaché in Rome. Nuland told CBS News that the State Department knew about the Steele dossier by July 2016.)

According to an op-ed Winer wrote for The Washington Post in 2018, also in September 2016, “Steele and I met in Washington and discussed the information now known as the “dossier… I prepared a two-page summary and shared it with Nuland, who indicated that, like me, she felt that the secretary of state needed to be made aware of this material.”

A September 17, 2016, email exchange between Nuland and Winer – that was classified in the interest of national defense or foreign policy – discusses the political situation in Libya, but also brings up a “Russian matter:”

From: Winer, Jonathan
Sent: September 17, 2016 at 12:40:00 PM EDT
To: Nuland, Victoria J
Subject: Re: Libya Update

Would like to discuss this and a Russian matter.

From: Nuland, Victoria J
Sent: Saturday, September 17, 2016 1:31 PM
To: Winer, Jonathan
Subject: Re. Libya Update

In ny face to face?

From: Winer, Jonathan
Sent: September 17, 2016 at 1:56:05 PM EDT
To: Nuland, Victoria J
Subject: Re: Libya Update

Yes that was [sic] be good.

From: Nuland, Victoria J
Sent: Saturday, September 17, 2016 1:58 PM
To: Winer, Jonathan
Subject: Re. Libya Update

Good. I’ll reach out when im there Sunday. [Redacted]

If Victoria Nuland’s name sounds familiar it’s because she has been on Judicial Watch’s radar for a long time and in many of TGP’s previous reports.

In December 2018, Judicial Watch released documents revealing that Victoria Nuland was involved in the Obama State Department’s urgent gathering of classified Russia investigation information and disseminating it to members of Congress within hours of Donald Trump taking office.

In a related lawsuit, Judicial Watch is suing the State Department communications between Ambassador Nuland and employees of Fusion GPS, as well as top ranking Department of Justice, FBI, and State Department officials.

“The Obama State Department was central to the effort to target President Trump with the Russia smear,” said Judicial Watch President Tom Fitton. “These new emails further show that senior Obama State Department advanced the Russiagate hoax just before the 2016 presidential election.”

Tom Fitton   @TomFitton
 

BREAKING: Obama State Department was central to the effort to target President @RealDonaldTrump with the Russia smear. New emails show how senior Obama State Department advanced the Russiagate hoax just before the 2016 presidential election.

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