The 2nd Amendment debate has heated up around the country in recent years, due in large part to the increase in mass shootings often wrongly attributed to gun ownership.
Research has proven that in most cases, guns used in mass shootings are not legally obtained. There is also ample evidence to support the notion that a person intent on killing will find a way.
In other words, a gun owner can have their rights stripped away without due process. The NRA-ILA describes the law:
Based on a California law enacted in 2014, SB 719A would create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement officer, family member, or household member in an ex parte hearing to deprive someone of their Second Amendment rights without due process of the law.
The law may appear reasonable on the surface, but when you look more closely it isn’t. For example, law enforcement officials are not expressly trained to determine a person’s mental state, but in the case of SB 719 that is exactly what they will be doing. Furthermore, allowing a family member or household member, to make unverified claims about someone’s mental health, is just inviting trouble.
You can just imagine the stories now, “My boyfriend wouldn’t buy me a diamond, take his guns.” It sounds ridiculous but isn’t an impossible scenario. However, regardless of all these potential disasters, the most compelling reason not to support this law is the 14th Amendment.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
When you break the law to uphold the law, justice is lost. It’s that simple.