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select-fireselect-fire Member Posts: 68,146 ✭✭✭✭

Congress Just Snuck a Gun Confiscation Provision into Latest Military Spending Bill

by Jordan Michaels on September 27, 2021

One-hundred and thirty-five House Republicans joined Rep. Nancy Pelosi in voting for the legislation. (Photo: Gage Skidmore)

Congress included a gun confiscation provision in the latest National Defense Authorization Act, and pro-gun groups are sounding the alarm.

The provision allows military judges and magistrates to issue a “military court protective order” for the purpose of protecting the victim of stalking, domestic violence, rape, and sexual assault, among other offenses. Like similar “red flags” laws passed by dozens of states, the law would allow a judge to confiscate firearms before the alleged perpetrator has been convicted of any crime.

While the law would not affect the non-military population, gun-rights groups are calling out House Republicans who voted for the legislation.

“BREAKING: Red Flag Gun Confiscation passes the House of Representatives 316-113 with the support of 135 Republicans. How did your Representative vote?” Gun Owners of America asked on Twitter. Click here to view members who voted Yes and No.

SEE ALSO: Feinstein Introduces Federal ‘Red Flag’ Confiscation Legislation

North Carolina Congressman Greg Murphy blasted his colleagues for trying to “conceal” the provision.

“I am outraged that House Democrats are once again trying to conceal unconstitutional red flag laws in the NDAA that could be used to unjustly deprive American servicemembers of their Second Amendment rights,” said Rep. Murphy.

The gun confiscation portion of the law is unlikely to pass the Senate, Murphy reports. “Both Republican and Democrat leadership have publicly assured Congress that this egregious language WILL be removed from the final version of the NDAA,” he said.

Like other red flag laws, the new “military court protective order” would allow a judge to remove a person’s firearms on an “ex parte” basis, meaning without a hearing or trial. A hearing at which the alleged suspect can be heard and present evidence must be called within 30 days of the order, but it would still allow military members to be “forcibly disarmed of their lawfully-possessed firearms before having so much as an opportunity to contest the accusations against them and present evidence in their defense,” according to the NRA.

SEE ALSO: DOJ Publishes Guidance for ‘Red Flag’ Confiscation Legislation

Unlike other red flag laws, the military protective order can only be requested by a magistrate, a judge, or the victim of an alleged offense. Civilian “red flag” laws often allow a person’s family members, friends, or teachers to request a gun confiscation order.

In addition, only the victims of a “covered offense” can request a protective order. These include offenses like rape, sexual assault, stalking, and domestic violence. Military personnel can also have a protective order issued against them for the alleged crimes such as conspiracy, mutiny, and sedition.

Most red flag laws, by contrast, allow guns to be confiscated under the much vaguer “danger to self or other” standard.


  • Ruger4meRuger4me Member, Moderator Posts: 1,933 ******

    Dam RTNOs! All the dems in Texas voted yea of course, but half or more of the Repubs (RINOs) also voted yea, of the two that are on my ballots one Granger (RINO beeyatch) voted with the Dems, the other Sessions voted nay... been trying to get the RINO out for years, but sheeple always believe her bs around election time...

  • pickenuppickenup Member Posts: 22,845 ✭✭✭

    Reds Flag laws are unconstitutional, for civilians or military.

    How would that work in the military?

    Here --- take this gun and kill the enemy, but you can not have your own personal firearm?

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