An Extreme Risk Protection Order Bill (ERPO) has been submitted in the gun friendly state of South Carolina. This unconstitutional Red Flag Bill has been submitted by Democrat Representative Ivory Thigpen under H3275, entitled “Seizure of Firearms and Ammunition from a Person Posing a Risk of Imminent Personal Injury to Self or Others”. You can read this bill HERE: https://www.scstatehouse.gov/sess123_2019-2020/bills/3275.htm
There are already 13 states that have passed these laws that have only one intended goal: to circumvent the 2nd Amendment and confiscate guns from people who are considered guilty until proven innocent.
Red flag laws are a threat to every law-abiding gun owner across the nation.
These ERPO or RED FLAG laws do absolutely nothing to target criminals, illegally owned guns, or issues with mental health. Most important, red flag laws will do nothing to save lives! However, what red flag laws will do is violate an individual’s rights, such as:
- 1st Amendment Right to Free Speech, as a comment or even your social media can be used against you. All one needs is to have someone say they fear what a gun owner MIGHT do and they can seek an ERPO from a “judge”.
- 2nd Amendment Right to Keep and Bear Arms, obviously as their firearms are seized without cause.
- 4th Amendment Right to Protection from Unreasonable Searches and Seizures goes out the window.
- 6th Amendment Right to a Speedy and Public Trial is lost as you aren’t made aware of the ERPO claim until the police show up to take your guns.
- You also aren’t afforded your 6th Amendment Right to an Impartial Jury as the complainant goes to a judge and the order is issued…without a jury.
- The 6th Amendment also guarantees your Right to Confront Your Accuser and to have Assistance of Counsel. You don’t get to know who filed the claim, never mind have your lawyer present!
- The 8th Amendment affords the Right to be free from Cruel and Unusual Punishments. Being jailed and having your firearms taken away, not because you have been found guilty of a crime, but simply because you own them lawfully and someone’s feeling were hurt.
by Jared J. Yanis
