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Due Process Protections are Side-stepped

05/14/2020 7:00 AM | Anonymous
Gun control advocates see gun crime as an opportunity to advance their agenda, even in situations where a gun control failure allows the crime to occur. Their attempt to hijack the Parkland high school shooting for their own purposes is a perfect illustration of this.

The response to the Parkland murders was spontaneous. Florida and several other states rushed to pass unconstitutional legislation called Extreme Risk Protection Orders (ERPOs) also commonly known as ‘Red Flag’ Laws. These are believed to prevent such future horrific events yet “red flags” already existed in Parkland and were ignored by both the school system and the Sheriff’s department. The young killer was ‘flagged’ many times but suffered no consequences. Both agencies were intent on protecting their reputations. The federal government was not free of responsibility either. 

A similar law took effect in New York on August 24, 2019. These ‘Red Flag’ Laws are intended as a way to keep “dangerous” people from possessing firearms. Your family members, ex-family members, school personnel and law enforcement are empowered to make an unproven accusation resulting in a court order stripping an individual of both their firearms and their Constitutional rights. 

New York’s and other state’s ERPO laws fail to safeguard not only the 2nd amendment but also the 5th and 14th amendments. Both guarantee in our nation’s Bill of Rights:  “That no person shall be deprived of life, liberty or property without due process of law”.

Due process protections are side-stepped, and the standard of evidence required to remove an individual’s personal property is greatly minimized. The person who is the object of the complaint receives no notification nor do they have an opportunity to refute a possible false accusation. 

You are considered guilty until proven innocent and only by hiring a lawyer and expending time and a great deal of money can the accusation and confiscation possibly be reversed. There is no requirement for the accuser to sign an affidavit nor any penalty for false accusations.

No one wants a repeat of Parkland, Virginia Beach, El Paso, Dayton, or Odessa. However, removing the gun does not remove the threat. It may only change the means. Legislation that trades constitutional protections for the hope of future security is truly a red flag that should concern us all. Gun owners may not be the only ones impacted by the next unconstitutional law. Elected officials took an oath of office to protect the Constitution, not revoke its guaranteed rights. 

Laura Sepka,

Vice Chair

Wayne County SCOPE

“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” — Benjamin Franklin (1706-1790)


A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

PO Box 165
East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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