New Jersey’s Gun Owners loose their Constitutional Rights to Due Process under New Jersey’s Red Flag Law

And people have been saying for years that our Government is here to protect us. As we posted yesterday with the Scott Bach interview on Jersey Matter’s, we see that they have just given themselves the power to come into any gun owners home and take there firearms without due process, which is guaranteed under the Constitution of the United States. If you do not believe us, we have included a link below that will show it to you in writing, as enacted on September 01, 2019 by our representatives in Trenton and our illustrious Governor Murphy.

What truly amazes us is that someone can go into a courtroom and petition a judge to have your firearms taken away from you just by stating that they believe that you are a danger to yourself or others. The statement at the end of the bill says in part, ” Specifically, the bill authorizes any person, including family members or friends, to submit an application to the court setting forth the facts and circumstances necessitating the issuance of a gun violence restraining order. Under the bill, the court is to issue the restraining order if it finds, based upon the applicant’s sworn and signed affidavit and other information received, that the person poses a significant risk of personal injury to himself or others by possessing a firearm. The bill defines a gun violence restraining order as a court order prohibiting a person from owning, purchasing, possessing, or receiving any firearms for a period of up to one year.” So in other words, you and your best friend have a huge fight and he wants to get back at you, knowing that you have firearms, he can petition the court to take those firearms away from you for up to one year without even so much as giving you the chance to defend yourself before they take your firearms away. Where is the due process in this? And what makes it even worse, if someone falsely accuses you of being unfit to possess your legally owned firearms, you have no recourse against them under this law. This is a blatant attack on law abiding firearms owners. It is our understanding that every American is afforded under the Constitution of the United States the notion to be innocent until proven guilty in a court of law. Apparently this is not the case in New Jersey.

The bill further states in it’s statement that “The bill requires the court to hold a hearing within 14 days of the execution of a gun violence restraining order and firearm seizure warrant, if applicable, to determine whether the person who is the subject of the order may possess, own, purchase, or receive a firearm and whether a seized firearm should be returned to the person.” Now my question is should this not be determined before taking away someones Constitutional Rights, not after? It seems to us that law abiding gun owners are being targeted for practicing their Constitutional rights under the law of the land.

Now let us not confuse this law with Law Enforcement’s right to deem someone a danger to themselves or others, which gives Law Enforcement the right to confiscate firearms that are readily accessible to a person who is mentally unstable or may be suicidal. Law Enforcement already has the right to do this to protect the individual and others from danger. Our question to the Legislature is why would you institute a law that has no real bearing on Law Enforcement’s ability to protect persons and personal property in the situation where someone maybe suicidal. And this is assuming that firearms are the only method of suicide that is used in this country. Why is it that they have only targeted Law Abiding Citizens who legally own and possess firearms under the protections of the Second Amendment. There is no logical reason for this unless you are trying to disarm legal firearms owners.

If you do not believe us, please click on the link below. We encourage others to comment on this law.

Assembly Bill A1217

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