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Why Are Red Flag Gun Laws Unconstitutional?

June 20, 2022 By Joshua Gillem

It’s no secret that anti-gun politicians are once again turning a tragedy into a political scheme as they attempt to violate the rights of Americans. Once again, their goal is to punish the rest of gun-owning America for the acts of just a few deranged nut-jobs all in the name of “the children.”

Don’t even get me started on how many children they kill each and every year, the pedophile rings they take part in, or the simple fact that most of the so called “gun violence” stems from suicide or inner city, urban areas with turf wars.

And I’ve never met a single gun-loving patriot who didn’t want the real problems of suicide and crime to be addressed. The problem, is that the anti-gunners don’t actually want to take care of the actual problems.

Instead, they need those issues to take place so they can inflate their numbers and take away the rights of gun owners around the country.

Yes, I said it. They want these things to happen to further their agenda.

This time around, once more, the topic is an “assault weapons” ban, “high capacity magazine” ban, as well as red flag laws.

Hopefully we all understand why banning the most popular firearm ever created in an “assault weapons” ban, or the magazines they take, is unconstitutional.

Therefore the topic this time around is the red flag laws, and why they’re NOT Constitutional.

The problem, is that they word it in such a way to make it seem that it may be helpful, and it tricks a lot of people into supporting red flag laws.

But as citizens of the United States, we have rights and red flag laws ignore those rights.

Are red flag laws Constitutional?

In a word, no. No they’re not. Why? Well, there several reasons. First, because it removes personal property from a United States Citizen before any crimes are committed. Second, because it removes due process. Third, because as citizens we have the right to bear arms.

In other words, so called red flag gun laws violate several constitutional amendments, namely the Second, Fourth, Fifth, and 14th.

And those are just the ones that mention due process, property, or guns. There may be others that I’m forgetting about here.

The Fourth, Fifth, and 14th all have to do with the right of due process, unreasonable search and seizures, and the government being unable to take property without going through the proper channels.

One of those channels is, to my knowledge, a crime that has been committed.

The the Fourth Amendment says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

A part of the Fifth reads:

… nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Finally, a part of the 14th reads:

… nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It was so important to have due process of law that they put it in there more than once. It was so important that citizen’s not be deprived of life, liberty, or property that they put it in there a few times.

Finally, the right to keep and bear arms was so important to the founders that they made it the SECOND Amendment, right after the First. Why? Because the Second protects the First and all of the others.

And, I guess to some degree, that’s the point of this entire thing. They want to get rid of the Second because the infringements are just starting.

To quell an uprising:

The purpose any anti-gun laws exists is for one reason, and one reason only — to prevent an uprising of the people against tyranny. On the surface, you may think this is a good thing.

But the Second Amendment exists to protect a free People from tyrannical rule, and it doesn’t matter if you’re on the left or the right. Rights don’t just apply to me because I understand what they mean. They also apply to you, no matter where you stand politically.

It acknowledges that a free People have the right to protect themselves against any enemy, and that our rights do NOT come from the government but from God Himself.

And if you don’t believe in God, then please know that you were born with these rights as a citizen in the United States and they cannot be taken away.

The Constitution Limits the GOVERNMENT:

This is an odd concept to understand, but the Constitution and all of its sections and amendments do one thing, and one thing only: Limit the government from infringing upon its citizens.

That’s it. When the founding fathers wrote down the first parts of the Constitution they meant that the rights of the people were absolute. So, all the BS you hear Joe B spewing about rights not being absolute is just that — BS.

Because, again, the Constitution gives power to the People. Not the government.

All gun laws are infringement. Period.

It should make you wonder … why? Why now, after all this time are we once again fighting for our gun rights? Our rights should not ever be allowed to be taken away.

Yet, here we are having these talks.

It’s almost like they’re getting ready to do something terrible that they don’t want us to have any fighting chance against.

To which I say — Come and take it. I never lost my guns in a boating accident.

Filed Under: 2A, Opinion Tagged With: 2a, Constitution, second amendment

About Joshua Gillem

Josh is a lifelong practitioner and student of the gun. He grew up shooting/hunting with his dad, and was given his first gun, a 12 gauge shotgun, when just a small boy. After high school, he joined the Marines where his love for firearms blossomed as he qualified with an M16A2, an M9, and a 240G. Josh has been writing about firearms and tactics for several years, is a staunch supporter of the Second Amendment, and believes that each individual person has the right to self-defense by any means necessary. Currently residing in gun-friendly North Carolina, he carries a concealed gun on a daily basis, even in his own house.

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