Gun Confiscation and Speedy Due Process

BY T.F. STERN

There is a concerted effort pushing the gun grabbing agenda of late.  Each time a firearm has been used in a horrific crime the so-called grass roots movement surfaces, taking pot shots (forgive the term), pot shots at our individual inalienable God given right to own and bear arms.

In case you’re unfamiliar with how inalienable rights work, these rights existed prior to the formation of government and cannot be taken away except under very limited situations.  They have been identified and are protected FROM government which means that your neighbors cannot decide to vote them away since these rights didn’t come from government; these rights come from God.

Is it any wonder the left wants to get rid of any and all reference to God?  Without God there can be no God given rights.  Let that sink in and the larger picture becomes more defined.

Our Founders fought a war to establish and preserve inalienable rights risking their lives, fortunes and sacred honor.  Near the top of that list of God given rights that needed to be protected from government… the right of individuals to own and bear arms.  It didn’t specify hunting or sporting firearms; the use of these tools was left up to the discretion of the individual.

The hotly contested issue of firearm ownership was fresh on the Founders minds since King George had attempted to confiscate any and all firearms leading up to the Revolutionary War.  Subjects of the King couldn’t be trusted to submit to his will if they had the ability to object by force.

Jumping to our day, Becky Loggia writing for the Western Journal explains how Florida might have an answer to school violence and mass murders.  After reading it I had to wonder if  Governor Rick Scott of Florida might be a direct descendent of old King George as he seems to have doubts regarding the average citizen’s inalienable right to own and bear arms.

“We must take care of our kids,” Scott said, according to CNN. “Keeping guns away from dangerous people and people with mental issues is what we need to do.”

Who in their right mind would find fault with such a grand statement?  Certainly we must take care of our kids and keep guns away from dangerous people and people with mental issues; the trick is now, and always has been how to accomplish this in a constitutional republic.

There are already laws that cover protecting children and keeping guns out of the hands of specific dangerous individuals such as convicted felons and individuals found mentally incompetent.  Is this resourcefulness an extension of existing law or is this something else?

Governor Scott’s initiative is called the “Major Action Plan” and creates a “Violent Threat Restraining Order” which would speed up securing court orders so “firearms may be confiscated if a family member complains about the gun owner”.

Is this how the 2nd Amendment works or is this a way to ‘get around ’ equal protection of the law by denying rights selectively?

The article went on, “There would be speedy due process for the accused and any fraudulent or false statements would face criminal penalties,” the plan states.  That’s a catchy phrase, Speedy Due Process, modern and with a hint of legality; that might sell to the masses, let’s give it a go.

Would someone explain the difference between speedy due process and undue haste?  It seems the State of Florida has decided that Due Process is no longer fashionable and should be upgraded, or is this downgraded?

Undue : Excessive, disproportionate, exceeding propriety, ill-advised, improper, needless, objectionable…

Shall I continue?

Undeserved, unjustified, unmerited, unreasonable or unwarranted…

I could go on; however, Governor Scott and those who support such infringements on 2nd Amendment rights must be aware that what is being proposed stands in direct conflict with long established legal precedent.

There can be No Speedy Due Process; there is Due Process or there is usurpation of power that infringes on inalienable rights.

With emotions ruling the day rather than reasoned thought, this remains a golden opportunity in time for anti-2nd Amendment folks, those who can’t stand the idea that individuals control their own destiny rather than being subjects of government.  They are coming out of the shadows with eager anticipation, “Get those Guns!  Get those Guns!”.

I wonder how this will all play out.


t-f-stern-1Self-Educated American, Senior Edi­tor, T.F. Stern is both a retired City of Hous­ton police offi­cer and, most recently, a retired self-employed lock­smith (after serving that industry for 40 plus years). He is also a gifted polit­i­cal and social com­men­ta­tor. His pop­u­lar and insight­ful blog, T.F. Sterns Rant­i­ngs, has been up and at it since January of 2005.