Red Flagging Your Civil Rights

Red Flag Laws, as currently enacted by several States, and as proposed in Congress permit a court to suspend your civil rights on the strength of indefinite, hearsay evidence, and do not provide for the defense by the respondent, nor even notifying the respondent, prior to execution. The right to keep and bear arms is a civil right, guaranteed by the Second and Fourteenth Amendments. What criminal defendant would be convicted on hearsay evidence, in absentia? Defendants are guaranteed an attorney to defend their civil rights, and if they cannot afford an attorney, one is appointed for them. Then, the court must prove beyond a reasonable doubt that there is definite, concrete evidence of a reason to deprive the defendant of their civil rights.

This is the due process required to suspend someone’s civil rights. As the law stands now, it is like a judge suspending your drivers license, and impounding your car, because someone said they think you are a reckless driver, who might cause a fatal accident. Or, imagine if you will, that President Trump convinced a court that Fake News was a threat to National Security, and that CNN was an egregious offender. So, with a court order, CNN’s satellite access is shut down, right in the middle of Chris Cuomo’s latest news/op piece. Then, after CNN has gone silent, the court tells CNN, “You can’t appeal this for 21 days.” Yeah, it’s just like that, and the precedent set by such a law, makes these examples frighteningly possible.

My Senator, Senator Lindsey Graham, is sitting on the Senate Judiciary Committee, currently considering “Red Flag” legislation. I wrote a letter to him, letting him know exactly how I feel about Red Flag Laws…

Dear Senator Graham:
I am writing regarding the proposed “Red Flag” legislation, S.7 – Extreme Risk Protection Order and Violence Prevention Act of 2019, that you are considering in committee at this time. I must say I am vehemently opposed to this legislation.

“Red Flag Laws”, as currently enacted by several States, and as proposed in Congress permit, a court to suspend a civil right on the strength of indefinite, hearsay evidence, and do not provide for the defense by the respondent, nor even notifying the respondent, prior to execution. The right to keep and bear arms is a civil right, guaranteed by the Second and Fourteenth Amendments. What criminal defendant would be convicted on hearsay evidence? Defendants are guaranteed an attorney to defend their civil rights, and if they cannot afford an attorney, one is appointed for them. Then, the court must prove beyond a reasonable doubt that there is definite, concrete evidence of a reason to deprive the defendant of their civil rights. This is the due process required to suspend someone’s civil rights. With this proposed legislation, it would be like a judge suspending your drivers license, and impounding your car, because someone said they think you are a reckless driver, who might cause a fatal accident.

Senator Graham, I am so opposed to this legislation that I cannot and will not vote for anyone supporting this, who purports to represent me.

Thank you,
David F. Hammack
Citizen, Veteran, Voter