Red Flag Laws Are Profoundly Unconstitutional

red-flag-laws-due-processAny and every time there is a mass shooting in America the gun grabbers take to the media and demand gun control or gun confiscation.  This, as every Patriotic American knows, clearly violates our Second Amendment.  Those advocating to take away arms from Citizens are either ignorant/clueless regarding America’s rights or are oppressive/suppressive regarding personal rights and freedom.

Our Founders were not stupid when they provided us with our Second Amendment, nor any of the others.  They knew world history and what happens when the people cannot defend their state, their property, their person.

As Patrick Henry said, “Where and when did freedom exist when the power of the sword and purse were given up from the people?”

Thomas JeffersonThomas Jefferson said, “For a people who are free, and who mean to remain so, a well organized and armed militia is their best security.”  Thus, if you cannot possess arms you cannot remain free from tyrants or those who wish to exert control.

And Samuel Adams declared, “The Constitution shall never be construed… to prevent the people of the United States who are peaceable citizens from keeping their own arms.”

Back to the topic at hand.  Just how bad are Red Flag Laws?

Your speech or behavior could be considered a red flag by a friend or relative (or an enemy) and based on what you said a person could go to a judge and potentially be able to have the police confiscate your guns.

When Red Flag Laws are used there is a clear and absolute violation of both the First and Second Amendments.

Any others? Please, read on.

Amendment IV reads in part: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.”  This one is also violated because the person who reported you assumed you might commit a crime with your gun and that is certainly an unreasonable assumption, especially if you have zero prior incidents.  There is no probable cause, which is based on evidence and not opinion of what might be.

Then there is the Fifth. “No person shall be … deprived of … property, without due process of law.”  There is absolutely no due process with a Red Flag Law.

Moving on to our Sixth Amendment: this one is violated because the person whose guns were seized via a Red Flag Law were not “informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”  In VI, there are four required conditions that should be met before any thought of confiscation.

Constitution-DestructionIn one fell swoop half of our Bill of Rights has been violated!

And, because Red Flag Laws violate a Citizen’s due process, our Fourteenth Amendment is shredded.  “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”

It can easily be seen that states which have already passed Red Flag Laws are torching our US Constitution and those who are considering passing such a bill are ready to join the ranks of the unconstitutional.

One must remember that elected representatives take an Oath of Office and most, if not all, swear that they will support and defend our US Constitution.

By passing any form of a Red Flag Law those who are supposed to support and defend our US Constitution, and thus our rights, are clearly violating their Oath and should be removed from office.  Not by vote.  By law.

In order to ensure our Freedom, our Liberty, our Rights, we must remain true to our U.S. Constitution.  And we MUST demand that those elected to represent us do the same!  Or, they must be expelled from office.

There are many ways to learn and/or teach the basics.  You can start by watching the award-winning In Search of LibertyConstitution movie.  For more in-depth study you can enroll in a one-day Constitution Boot Camp from Building Blocks for Libertyor consider joining KrisAnne Hall’s Liberty First University.

We the People - Scott D Welch

by Scott D. Welch, Patriot
Direct descendant of 8 Americans who fought in the Revolutionary War
Cousin of Patrick Henry

We The People Will Keep Our Arms. Thank You.

2A-Social-ResponsibilityKilling, murder, is not a good thing.  It is evil-intentioned.

However, every time there is a mass shooting the gun-grabbers take to the media calling for banning the Second Amendment, or in some way infringing on our unalienable and Constitutionally guaranteed right to bear arms.

The fact is … guns do not kill people.

People. Kill. People.

People do use guns as an instrument of death. But they also use knives, poison, and with myriad other devices and methods. Though no one calls for banning those.

When a drunk or even sober driver takes to the road and fatally injures someone no one blames the car or truck or whatever they were driving. They blame the driver, the person.

Rightfully so.

Why is it different with guns?

All Second Amendment supporters know why the Second Amendment was written.

It wasn’t so people could go hunting.

It wasn’t so people could participate in sporting events.

It wasn’t so people could only defend their homes.

However, these are the main talking points politicians, judges, celebrities and others claim as the reason We the People do not need a 30-round clip, or an “assault rifle,” or, or, or.

They are either lying when they say these things, or are very ignorant of our history, or have a very specific agenda to take away arms for power and control.

Our Founders were very adamant about our Second Amendment.  The primary purpose as stated, is for the “security of a free state.”

2A-Flag-MadisonAs Founder Richard Henry Lee said, “To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them…”

Tench Coxe, another Founder stated it this way, “Whereas civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.”

And several other Founders voiced similar thoughts.

Yet, those very same people who want to take guns away say that tyranny and the like could never happen, it is an out-dated notion.

Wrong.

Tyranny will ONLY never happen as long as We the People keep our arms.

2A-British-are-ComingTaking guns away from law-abiding Citizens does NOT make any city, county or state safer.  Just check those areas that have the strictest gun laws and you will generally find higher murder rates than the norm.

So, if people kill people, go after those people.  Whether they used a gun or a knife or a hammer, go after the person.

Do not come after arms of American Citizens who are, by-and-large, peaceful and do follow the law.

Closing with the thoughts of Founder St. George Tucker, “Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”

Think Adolf Hilter, Mao Tze Tung, Josef Stalin, Pol Pot, Idi Amin, etc.

We the People will keep our arms. Thank you.

We the People - Scott D Welch

 

Scott D. Welch, Patriot
Direct descendant of 8 Americans who fought in the Revolutionary War
Cousin of Patrick Henry

 

 

The entertaining and informative In Search of Liberty movie is a great refresher (if it’s been a while) or educational tool (for those who know very little) about our U.S. Constitution, and is a movie that All Americans should watch.