Democrats keep claiming these laws protect due process rights yet two courts in this unlikely state have decided otherwise.
It’s only a matter of time before these laws have their day before the U.S. Supreme Court where they could quickly get slapped down.
And now Democrats are furious after this massive gun control scheme was ruled unconstitutional.
New York’s “Red Flag” law ruled unconstitutional by state court
Earlier this week, New York Supreme Court Judge Craig Stephen Brown released his ruling against the Empire State’s Extreme Risk Protection Order on the premise that it is a violation of an individual’s civil rights.
Judge Brown wrote in his ruling that “New York’s Red Flag Law, as currently written, lacks sufficient statutory guardrails to protect a citizen’s Second Amendment Constitutional right to bear arms.”
This is now the second state court ruling against New York’s “red flag” law after New York Supreme Court Justice Thomas Moran ruled in December that the law “does not sufficiently protect a citizen’s rights,” even going so far as referencing last summer’s Bruen decision, in which the U.S. Supreme Court reiterated that “when the Second Amendment’s plain text covers an individuals conduct, the Constitution presumptively protects that conduct.”
Add to that Bruen’s requirement for gun control laws to be measured against the historical text, tradition, and context of the Second Amendment – of which there is no example of such “red flag” laws from the nation’s Founding period – and you have a strong case for these laws to be thrown to the trash bin of history.
Ruling deals potentially major blow to gun control regimes nationwide
Democrats and their allies in the gun control lobby have been pushing “red flag” gun confiscation laws nationwide for years now, proposing it as a silver bullet to gun violence.
But as we have seen mass shootings after mass shootings in states that have passed “red flag” laws, there’s no difference in the outcomes.
Sadly, it seems that Democrats who used to espouse “civil liberties,” and “due process rights,” are more interested in paying back their financiers in the gun control cabal.
For them, it isn’t actually about safety, it’s all about control and disarming as many Americans as possible.
And “red flag” laws allow them to weaponize the state to disarm whomever they want without due process.
But perhaps their zeal to trample on due process rights will be their undoing.
With judges honing in on the obvious due process issues in New York’s ERPO law, the path for defeating these laws in the courts is being laid.
And while it could still be a while for New York’s law to end up before the Supreme Court, the legal challenges there could prompt additional challenges in other states, or at least force “red flag” proponents to pump the brakes before charging ahead.
US Political Daily will keep you up-to-date on any developments to this ongoing story.