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.”
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.
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.