since9
Campaign Veteran
NRA-ILA just sent me the following, FYI:
I'm including only portions relevant to my counterpoint:
Not only does NRA oppose Senator Rubio’s bill, but we have not supported ANY of the 14 “red flag” bills that have been enacted into law.
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Our opposition to all these legislative proposals is steeped in our steadfast commitment to protecting the due process rights of law-abiding Americans; something that these bills to date have failed to do. In keeping with our commitment to upholding the constitutional due process rights of all Americans, NRA will continue to strongly oppose any proposal that does not fully protect these rights.
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As noted previously, NRA fights for the constitutional freedoms, including the due process rights, of all law-abiding Americans, every day in Congress, the statehouses and the courts. Our record on this is clear. Due process of law is a bedrock of our constitutional freedoms.
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All 50 states currently have civil commitment procedures and many lack basic due process protections. This is unacceptable. The NRA believes that no one should be deprived of a fundamental right without due process of law.
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The NRA opposes any effort to create a federal ERPO law, in which federal agents would be tasked with seizing firearms after a hearing in federal court. As states consider ERPO laws, the NRA will continue to fight for the inclusion of strong due process protections.
Again, the NRA will continue to oppose any proposal that does not fully protect due process rights.
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NRA-ILA Grassroots
Does anyone else see the NRA's major malfunction, here? Whoever wrote this drivel has "due process" on their brain. They are missing the MAIN POINT: The Second Amendment is NOT about "due process." It's an absolute moratorium against any and all infringement against the right of the people to keep and bear arms:
"...the right of the people to keep and bear arms shall not be infringed."
No room either exists nor is needed in the Second Amendment for "due process" because the Second Amendment contains absolutely zero conditions, either stated or implied.
Due process comes into play in the Fourth Amendment, where the people are free from search and seizure unless a judge-issued warrant is based on sworn affidavit adhering to certain requirements.
That's due process.
The Second Amendment needs zero due process because is expressly and without condition utterly bans/prohibits any infringement on the right of the people to keep (own/possess) and bear (carry) arms.
The Second Amendment is the result of several earlier versions and a number of counter-proposals which did include such provisions. They were thoroughly discussed and rejected due to their introduction of various slipper slopes which our Founding Fathers knew would result in its quick erosion. Therefore, they decided the only way to protect it was to make in an absolute imperative, with zero room for exceptions.
NRA-ILA doesn't realize what it's doing by focusing on "due process." They are undermining our Second Amendment, allowing law enforcement and the courts to quickly erode it. Oh, sure, they'll nail the due process all right, and before long, you'll find all sorts of case law soon to be cited to allow law enforcement to confiscate your firearms every time you make a disparaging remark in public, including online.
The NRA-ILA's over focus on "due process" will quickly erode our First Amendment rights, as well. Soon, no one will be able to protect our Second Amendment because such comments can be seen by some as sufficient justification to confiscate one's arms.
Ladies and Gentlemen, I've said it for a long time: "The First protects the Second and the Second protects the First. Together, they protect them all." Attempts to erode either the First or Second Amendments, even if it's by the NRA-ILA itself, even when done unwittingly, dramatically undermine both amendments.
The NRA-ILA's focus is DEAD WRONG. They need to re-focus before they open wide the gates of destruction to BOTH our amendments.