RED FLAGS & "AT YOUR OWN PERIL" GUN OWNERSHIP!
"THEY CAN'T TAKE OUR GUNS AWAY!": HOLD MY BEER!
by Theresa Inacker for Black Wire Media Sun. 11-24-19 www.cnjfo.com/join-us
Alright my fellow gun peasants, let’s talk about Red Flag laws. The standoff between the Putnam County New York Sheriff’s Department and veteran, Alexander Booth on Saturday night grabbed the attention of Second Amendment advocates and law enforcement alike. Booth was live-streaming tense moments from his Instagram account “whiskey_warrior_556.” Booth warned of an impending Red Flag arrest—he said he was being accused of possessing a 30-round magazine. Meanwhile, law enforcement made reference to prior domestic violence allegations. Both sides said there were no guns present.
We do not know all the underlying facts, but we rarely do. What do we know? We know that Red Flag laws are dangerous for both the citizen and law enforcement. We know that citizens are increasingly mistrusting of their government. We know that politicians who make these laws endanger all of us, while they sit safely behind armed security on the sidelines. We know that this will happen again, and the results may differ. We know that Second Amendment advocates are a sleeping giant who is now restless; feeling provoked, maybe even threatened.
It is becoming increasingly evident that Second Amendment advocates are the ones doing the heavy lifting when it comes to First, Fourth, and Fourteenth Amendment protections. The interconnectedness of the Second Amendment and concepts of free speech, illegal searches, seizures, procedural and substantive due process is at hand, and shown most significantly when so-called Red Flag laws are enforced.
Folks in other states will likely find this unbelievable, but gunowners in New Jersey have been told by our courts that we own a gun “at our own peril.” See State of New Jersey v. Pelletieri, 294 N.J.Super. 330 (1996). The State has demonstrated the truth of this peril by jailing the likes Shaneen Allen, Brian Aitken and countless others. Unfortunately, the peril is increasing, and Second Amendment advocates (not gangsters or violent criminals, of course) are feeling the squeeze. The purpose is to instill fear in law-abiding gun owners. Is it working?
As a Constitutional gunowner, do you realize you are being held to a higher standard than everyone else? Of course, with rights comes great responsibility. We are the most background checked group of citizens in our society. We always know this and we live this. But the stakes are different now. This is about what you say, what you believe, what you think? Did you share a distasteful meme? Hold repulsive beliefs? Offend a political opponent? Melt a snowflake? Hurt someone’s feelings? Bring litigation against someone? Not a nice guy?
Because the Red Flag Laws do not include a penalty for false accusations, or a shifting of costs to an accuser (called the English rule) if the case is not proven, it is prime for widespread abuse. It is easy to light and hurl the Molotov cocktail of an accusation and run, letting law enforcement and the taxpayers do your bidding with no consequence for false accusation. Dragging someone through the legal system is punishment enough, costs and hours lost are just the beginning. Your political enemies will get satisfaction from this. Sounds outrageous or unlikely? Think again.
A man from South Jersey has already filed a case with the federal court, asking it to take action, arguing that New Jersey’s Extreme Risk Protection law is unconstitutional for violation of his civil rights. The individual has been accused of holding and expressing repulsive beliefs, but has not been found to have done anything or threatened anyone.
Remember the peril, and the higher standard: what you think, and what you say. In our Constitutional Republic, know that widely-accepted beliefs, popular, typical, unexceptional expressions do not need the protection of the Constitution from government. It is the culturally objectionable expression, the offensive, unpopular that needs protection. Perhaps we need more lessons on our Republic and the Constitution—our politicians certainly need it.
It is past time for the federal courts to return our rights from the precipice. We gun peasants will lead the way.
EDITOR's NOTE:
Theresa Inacker is Communications Director here at the Coalition in addition to being the NJ Ambassador of The DC Project, a group of 50 women---one from each state---that marches on Washington every July pounding on the doors of our elected Representatives & US Senators to inform them that women have the right of self defense and to choose the tools necessary to ensure it. These tools include standard capacity magazines, the very subject of last night's raid. Inacker is an attorney, an AR-15 sporting rifle owner, a former Editor of the Seton Hall Constitutional Law Journal and has been admitted to the US Supreme Court Bar. Our 76th NRA Board of Director, Anthony Colandro, printed "Red Flag Doorknob Hangers". To say the 2A community is "woke" is an understatement!
