Supreme Court New York Second Amendment Protest
Courtesy Matt Laur
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The gun control lunatics in Tallahassee have introduced another anti-gun bill that could gain traction in the Florida Legislature. The bill is SB 186 and here’s the rundown on it. Introduced by Sen. Lori Berman (D-31st District of Palm Beach County), SB 186 is a wicked piece of legislation wrapped in a false lie of promised “security.”

State Rep. Lori Berman (AP Photo/Aileen Perilla)

Titled simply “Domestic Violence,” the bill does nothing to stop such heinous crimes or empower actual victims of domestic violence to fight back against their attackers. Instead SB 186 would strip the gun rights of honest Floridians with only a flimsy accusation by embittered ex-partners.

Section 1 of SB 186 mandates the seizure of all firearms and ammunition from any person who is accused — not convicted, accused — of domestic or dating violence. Particularly with respect to the dating violence issue, this statute goes far beyond current federal law, and dramatically expands the class of embittered ex acquaintances who could bring charges which would result in the permanent suspension of Second Amendment rights.

The bill makes clear that a person’s guns can be ordered seized on the basis of an ex parte hearing — that is, a hearing where only the accuser gets to present evidence to the judge.

An ex parte hearing can strip a gun owner of their Second Amendment rights without the accused getting their day in court. The Fifth Amendment of the U.S. Constitution protects the right of the accused to “due process” and defend themselves in court. But like most other so-called red flag laws, SB 186 runs totally contrary to that.

The bill also makes clear that the firearms are to be seized upon the service of the court’s order. This means that a 3 a.m. knock on the door can expand to whatever force is necessary to achieve the purpose.

Finally, if the raid doesn’t result in the seizure of every gun which the angry “ex” suspects is in the gun owner’s possession, they may file an unsubstantiated affidavit in another ex parte proceeding which precipitates a subsequent raid on the gun owner’s home.

Florida’s current red flag law has been used over 3500 times, but suicides and homicides have only risen.

Since Florida is a state in which not all bills automatically get a committee hearing and vote, Senate president, Sen. Wilton Simpson (R) has the power to decide which bills are to be heard and which will die on the vine.

Sen. Wilton Simpson (AP Photo/Aileen Perilla)

Gun Owners of America supports true progress in the matter of stopping domestic violence. We believe that those who are victims should be armed and able to defend themselves from their abusers.

Remember the old slogan: God created man, but Sam Colt made them equal. That premise still holds true today. The best way to stop a domestic violence attacker is to have the honest people being victimized have access to armed self-defense.

 

Luis Valdes is the Florida director for Gun Owners of America. 

Click here to demand that FL Senate President Wilton Simpson block this bill from reaching committee.

 

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23 COMMENTS

  1. “Due Process”. When enacted into law, SB 186 becomes “due process”.

    To date, how many Red Flag laws exist? To date, how many of those. Red Flag laws have been gutted in court?

  2. Why aren’t they called ‘Blue Flag Laws’, since they are ALWAYS proposed by the Dems? Then again, since the Dems have become the American wing of the CCP, their party color should be ‘Red’.

  3. Having been a victim of the Domestic Violence law it’s nothing more then a Bill Clinton gunm grab. The Federal no gunms for life needs abolished. ( And before you guys start passing judgement, no she wasn’t all beat to shit and bloody. It was a bad relationship with a bipolar female, had heard her conversing with a friend on how to get back at him. She didn’t like my “collection” knew I put value in it. So she starts a yelling match, I should have just left, ripped her own shirt and called the law. Thankfully she did not show up for court.

    • “….The Federal no gunms for life needs abolished.’….”

      Agree.

      I remember when it was passed. Didn’t agree with it then, don’t agree now and neither does wife of 30+ years. Plenty of laws on books already to deal with domestic issues. Misdemeanor DV and your God Given Rights are taken by force is BS.

  4. I have no confidence in the G O P anymore,
    Republicans have been no shows or cave in too easily. Just cause the Florida Senate President has a R next to his name means 0.

  5. Hey Possum – seems I remember a similar incident when I was living in the North East. A “EX” used her girlfriend to call/write the “Red Flag” gulag during a bitter divorce. When it was found out the girlfriend was a receptionist using her bosses letterhead for the “Court Evidence” of abuse and finally proven false. The Collectors collection was finally returned. BUT – seems it was almost 2 years later and several thousands in court cost & lawyers fees. And he was barred owning anything for his own protection or hunting season in the meantime.

  6. It’s titled “Domestic Violence” because it IS domestic violence.

    This country is in an abusive relationship with its government and social elite, and they’re doing their level best to convince us that the abuse they’re heaping on us is our fault; we *made* them do it, don’t you know.

  7. How do biases and relationships make a crime more heinous? A wife pinches her husband for not wearing green on St. Patricks day, loss of gun rights forever. Kick a grandma using a walker on the street, no loss of rights. Laws should be administered equally in life, death, for rights, and punishments, no special privileges, no special victims, no special treatment.

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