Democrats want local courts and police to have the power to summarily cancel the Second Amendment rights of soldiers who are only accused — not convicted — of violence.
California Democratic Rep. Jackie Speier, a member of the House Armed Services Committee’s subcommittee, says she is dedicated to “Domestic violence is a forgotten crisis in the military, and that’s why I offered an NDAA [National Defense Authorization Act] amendment to ensure that service members have access to military court protective orders that are as strong and enforceable as protective orders issued by civilian courts.”
Speier says she wants to end the problem of civilian law enforcement not enforcing military court orders. She wants military court order to be fully recognized by civilian courts. That means that local police will be able to confiscate all firearms from active duty soldiers if they are merely accused of violence.
Currently, military courts can order soldiers to stay away from those accusing them of violence. But civilian law enforcement cannot come in and enforce the orders, and military commanders do not have legal standing to take firearms away from soldiers if those firearms are off base.
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What Spiers wants local law enforcement to be able to implement, of course, are those controversial “red flag laws” that assume all people accused of violence are guilty before being proven innocent.
Republicans are alarmed by the Democrat’s move. Rep. Chip Roy (R-TX), for one, said that “Congress should not allow servicemen who are faced with allegations to have their firearms taken away first, and face due process later.”
So-called red flag laws do just that. They summarily eliminate an accused person’s rights whether they are guilty or not.
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