The Senate has just reached cloture and will debate and vote on a new gun CONTROL bill.
It is being reported that Pat Toomey’s newest baby, the gun CONTROL bill being pushed by Obama democrats, includes a provision that allows the doctors to place American citizens on a list if they are deemed to fall short of mental health requirements to obtaining a firearm. Furthermore, there are even indications that guns can be unilaterally seized by the government prior to a due process hearing under the bill.
There is no administrative process where the citizen may be heard.
There is no form of due process where a person is tried before their rights are extinguished.
As Erick Erickson has commented, “[t]he proposal will allow a doctor to add a patient to the National Instant Criminal Background Check System (NICS) without ever telling the patient he or she has been added.”
There is simply a unilateral action by an extension of the government which results in American citizens being deprived of due process seizures under the Fourth Amendment, the due process required prior to property being taken under the Fifth Amendment, the citizen’s right to possess a firearm under the Second Amendment, not to mention the Ninth and Tenth Amendments.
What will be the standard for declaring someone excluded from all future gun purchases? It will no likely be unclear. Yet the ramifications of this bill linger.
In Virginia, any citizen can walk into a Magistrate’s office seeking to have a friend or family member be taken to a hospital, against their will for a psychiatric evaluation. Could this result in the loss of gun rights for this individual? Will word spread throughout the south that obtaining help can result in a lifetime ban on firearm purchases?
This bill is coming out too quickly and I fear that citizens will not have time to even read the bill before it hits the Senate floor for an up-or-down vote.
Where is the line for Republicans on the Second Amendment? If the First Amendment is Constitutionally absolute, where will the line be drawn on the Second Amendment? Will we allow the nine partisans in robes to make that call? There are going to be massive due process issues with this bill that we likely won’t learn about until after the President has signed it. It is a bad bill for Americans.