U.S.A. -(AmmoLand.com)- In May, Attorney General Merrick Garland told lawmakers that the Department of Justice’s civil rights work was “critical to protecting the American dream.” Since then DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment or even basic due process under the law. Moreover, contrary to recent messaging, Garland and the DOJ appears to support an increase in civilian-police confrontations – so long as the civilian involved is not actually suspected of having committed any crime.
On June 7, the DOJ released model state gun confiscation order legislation – sometimes referred to as “extreme risk protection order,” “gun violence restraining order,” or “red flag” legislation. Regardless of the marketing, such laws empower the government to extinguish a person’s Second Amendment rights and confiscate their firearms without due process. Those subject to these orders are stripped of their rights without being convicted of any crime. By releasing this model language, the Biden administration has endorsed these unconstitutional measures.
Section 1 of the Fourteenth Amendment to the U.S. Constitution provides that no state shall “deprive any person of life, liberty, or property, without due process of law.” In District of Columbia v. Heller (2008), the U.S. Supreme Court determined that the Second Amendment protects an individual right to keep and bear arms; in the Fourteenth Amendment context, a liberty. A respondent’s firearms are, of course, their property
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