By Lee Williams
At 5-feet 10-inches, Senator Marco Rubio (R-FL) is the same height as Senator Dianne Feinstein (D-Calif.), but that’s not all the two have in common.
Neither Rubio nor Feinstein support the Second Amendment.
While Feinstein is open an upfront about her anti-rights passion, Rubio is riding the fence. Several bills he’s introduced clearly infringe upon the Second Amendment, but he still tries to hide his anti-rights zealotry in communications with constituents.
A reader recently reached out to Rubio after reading this story: Sen. Rubio’s red-flag bill would allow ‘temporary’ firearm confiscation and delay due process.
“I emailed him a while ago about his Red-flag bill he sponsored after you taught me about it and telling him it violated several amendments and to my dismay this was the response I received,” she said in an email. I am not publishing her name.
She noted that Rubio’s reply was “vague” and that he was “not specifically addressing the issues about his bill’s violation of due process and our other amendments as opposed to him saying that our communities lack the law enforcement resources.”
Politicians have form letters for irate constituents. I have no doubt our reader received one of Rubio’s letters designed to appease an angry Second Amendment supporter. I’m guessing his staff sends out a lot of them, especially since he introduced the federal red-flag bill.
“I hold the fundamental belief that the Second Amendment should not be altered,” Rubio’s email states. “While I have always supported the right of law-abiding Americans to bear arms to protect themselves and their families, I am committed to working with my colleagues in the Senate to create a more effective system to prevent senseless gun violence, without unnecessarily infringing on the rights guaranteed by the Second Amendment.”
Two things leap out of that statement. First, “senseless gun violence” is a Bloomberg talking point, which is used by Demanding Moms, Everytown and the Trace.
Second, Rubio hopes to create a more effective system “without unnecessarily infringing on the rights guaranteed by the Second Amendment.”
I guess that means the Senator is willing to infringe upon our Second Amendment rights, but only when he believes it’s necessary.
Bunkum, that is.
And of course, there’s a plug for his federal red-flag bill.
“We currently lack the tools for law enforcement, or families, to take away guns from someone in their community they know is a danger to themselves or others. I am working to change this by incentivizing states to enact extreme violence protection orders, sometimes referred to as “red flag law,” the email states.
Rubio’s bill — S.292 – Extreme Risk Protection Order and Violence Prevention Act of 2021 — would lure states into creating their own Extreme Risk Protection Orders like we have here in Florida, by offering them federal grants to get started.
You could be paying for gun confiscations. That’s your taxpayer dollars at work.
The bill allows the petitioner — a law enforcement officer, family member, household member, someone who has a child with the gun owner, a current or former boyfriend/girlfriend, or anyone who lived with the gun owner in the past year — to tell the court that the gun owner “poses a significant danger of causing personal injury to himself or herself or others.”
And the worst part: The gun owner has no right to attend this hearing and, therefore, no ability to defend themselves.
The legal standard is “clear and convincing evidence” that you’ll become a threat “in the near future.”
The Senator’s email follows.
As always, thanks for your time.
Dear Mrs. XXXXX,
Thank you for taking the time to express your thoughts regarding the Second Amendment. Understanding your views helps me to better represent Florida in the United States Senate, and I appreciate the opportunity to respond.
The Second Amendment to the U.S. Constitution states that “the right of the people to keep and bear arms shall not be infringed.” I hold the fundamental belief that the Second Amendment should not be altered. While I have always supported the right of law-abiding Americans to bear arms to protect themselves and their families, I am committed to working with my colleagues in the Senate to create a more effective system to prevent senseless gun violence, without unnecessarily infringing on the rights guaranteed by the Second Amendment. I support measures that keep guns out of the hands of criminals and the mentally ill. Some have suggested restricting gun ownership as a way to curb gun violence. While I will consider any serious proposal to stop violent crimes, I have concerns when these proposals are solely directed toward restricting gun ownership.
We currently lack the tools for law enforcement, or families, to take away guns from someone in their community they know is a danger to themselves or others. I am working to change this by incentivizing states to enact extreme violence protection orders, sometimes referred to as “red flag laws.” On February 8, 2021, I reintroduced the bipartisan Extreme Risk Protection Order and Violence Prevention Act (S. 292), which would establish U.S. Department of Justice grants to states that enact policies that seek to empower families or law enforcement to prevent dangerous individuals from purchasing or possessing firearms, with due process protections. This is modeled after Florida’s risk protection order law. S.292 was referred to the Senate Committee on the Judiciary.
To prevent future tragedies, we must be proactive and utilize a multi-pronged approach to identify and stop threats. Schools are a particular area of concern, especially in the wake of the 2018 tragedy at Marjory Stoneman Douglas High School in Parkland. Students deserve to feel safe in their place of learning, and faculty need to have evidence-based models and resources to maintain this environment. That is why I was proud to again help lead the reintroduction of the Luke and Alex School Safety Act of 2021 (S. 111) to create a federal clearinghouse on school safety best practices. This resource would help schools and their faculty, community officials, and parents identify appropriate school safety measures and resources to implement them well. In February 2020, I was pleased to see the launch of SchoolSafety.gov, managed by the Federal School Safety Clearinghouse, for the K-12 community. After cultivating this resource with input from the families of Parkland victims, I am optimistic that this initiative will adequately respond directly to the needs of schools to improve safety protocols.
You may also be interested to know that I also introduced the bipartisan Threat Assessment, Prevention, and Safety (TAPS) Act of 2019 (S. 265) on January 29, 2019. The same day, Representative Brian Babin (R-TX) introduced the House companion bill (H.R. 838), which was referred to the House Committee on the Judiciary. This bill would create a task force of experts to provide recommendations for a national strategy to keep communities safe from targeted violence through threat assessment and management. Specifically, this legislation would provide resources, training, and assistance in establishing and operating locally driven threat assessment and management units. This bill was referred to the Senate Committee on Homeland Security and Governmental Affairs.
I am also an original cosponsor of the EAGLES Act of 2021 (S. 391). This bill would reauthorize and expand the U.S. Secret Service’s National Threat Assessment Center to help communities proactively mitigate threats of violence at schools. This bill will help ensure we are more effectively leveraging the top-notch research conducted by experts at the National Threat Assessment Center to stop school violence and help keep our communities safe by training school districts to identify threats and intervene. This bill has been referred to the Senate Committee on the Judiciary.
In the 115th Congress, I cosponsored the Fix NICS Act, which improves the background check system and ensures that individuals who should not be able to purchase or possess a firearm are not improperly passing background checks due to lack of information in the background check system. This helps to prevent guns from getting into the hands of individuals with a history of violence or mental illness. This bill was incorporated into the Consolidated Appropriations Act of 2018 (Public Law 115-141).
In order to achieve the American Dream, citizens need the ability to live in safe communities and have the ability to protect themselves, their families, and their properties. The lawful exercise of the Second Amendment is part of what makes this possible. Given the Constitution’s clear stance on gun ownership, I will continue to support an individual’s right to own firearms.
It is an honor and a privilege to serve as your United States Senator. I will keep your thoughts in mind as I consider these issues and continue working to ensure America remains a safe and prosperous nation.
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This story is part of the Second Amendment Foundation’s Investigative Journalism Project, and used here with their permission.