Republican State Representative Sponsors Red Flag Bill in Utah

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An Extreme Risk Protection Order Bill (ERPO) will be submitted in the gun friendly State of Utah. This illegal and unconstitutional gun confiscation bill has been sponsored by REPUBLICAN Utah State Representative Stephen Handy under HB0209, entitled “Extreme Risk Protective Order”. You can read this bill in all of its anti-gun glory HERE.

There are already 13 states that have passed these laws that have only one intended goal: to circumvent the 2nd Amendment and confiscate guns from people who are then considered guilty until proven innocent.

Red flag laws are an outright attack on the law-abiding gun owners around the country.

These ERPO or RED FLAG bills do absolutely nothing to target criminals, illegally owned guns, mental health nor will they do anything to save lives! What red flag bills do, however, is to violate a person’s:

  • 1st Amendment Right to Free Speech, as a comment or even your social media can be used against you. All one needs is to have someone say they fear what a gun owner MIGHT do and they can seek an ERPO from a “judge”.
  • They also violate one’s 2nd Amendment Right to Keep and Bear Arms, obviously as their firearms are seized without cause.
  • Your 4th Amendment Right to Protection from Unreasonable Searches and Seizures goes out the window.
  • The 6th Amendment Right to a Speedy and Public Trial is lost as you aren’t made aware of the ERPO claim until the police show up to take your guns.
  • You also aren’t afforded your 6th Amendment Right to an Impartial Jury as the complainant goes to a judge and the order is issued…without a jury.
  • The 6th Amendment also guarantees your Right to Confront Your Accuser and to have Assistance of Counsel. You don’t get to know who filed the claim, never mind have your lawyer present!
  • The 8th Amendment affords the Right to be free from Cruel and Unusual Punishments. Being jailed and having your firearms taken away, not because you have been found guilty of a crime, but simply because you own them lawfully and someone’s feeling were hurt.
  • The Extreme Risk Protection Orders violate every facet of Due Process and are the most obviously unconstitutional bills and laws, in so many ways.

Utah residents need to make their voices heard NOW! Contact your representatives and tell them NOT to pass HB0209! You can locate your Utah State Legislators, and their contact information, utilizing this link: https://le.utah.gov

You can contact Representative Stephen Handy HERE.

If you are not sure on how to contact your legislators, you can watch this video that will explain the entire process to you. It is not difficult at all! Remember to be respectful and tell them that you will remember how they vote when their term is up for vote. Also, follow up the calls with emails and reach out to them on their social media accounts.


About Jared J. Yanis & Guns & GadgetsGuns & Gadgets logo

With over 20 years of experience in the law enforcement field, I have learned the numerous channels used by those who would love to see our 2nd Amendment rights stripped. Because of this, I am often able to bring you the news on new bills submitted at the local, state and federal levels that look to carry out those attacks. If you are new to the channel or want to stay up to date with the constant infringements on our Constitutional Right to Bear Arms, please subscribe to my YouTube Channel at www.youtube.com/GunsGadgets

3 COMMENTS

  1. The Supreme Court of the United States has ruled that “Where rights (liberty) secured by the Constitution are involved, there can be no legislation which would abrogate (abolish) them.” (Miranda v Arizona) What’s that mean? Well, it means that in order to lawfully effect a Right/Liberty protected by our Constitution (nullify it, limit it, license it or restrict it) the powers that be (state or federal) are required to comply with the Constitution’s Article V Amendment process before they expediently make an end-run around our Constitution to take away (or “infringe” upon) your Right of self defense protected by the Second Amendment.

    A few elected bozos and the stroke of an executive’s pen doesn’t cut it my friends. Telling you they have the “authority” to by-pass the Constitution by passing some goofy law because ‘they’ voted on it is what’s known as acting under “the color of law.” The color of law is defined as the actions of an ‘official’, be it law enforcement or legislative, purported to be in the conduct of their official duties when, in fact, they have no lawful authority to actually ‘act’ or conduct themselves. An example might be law enforcement making arrests of peaceful protestors or phony traffic arrests in order to raise revenue. Another example would be a legislature passing laws effecting areas where they have no lawful authority to legislate.

    “Shall not be infringed” means that if they want to “infringe” and expand the government’s authority to nullify, limit, license or restrict that doesn’t exist, they must go through the Article V Amendment process in order to ‘acquire’ the lawful authority to legislate limits, licenses or to nullify your Rights. If they have no authority to pass such a law or ordinance (haven’t complied with the the lawful Amendment process) then the aforementioned Supreme Court stated in Shuttlesworth v. City of Birmingham Alabama that the individuals should “engage in the right (liberty) with impunity.” Without said lawful Amendment the Supreme Court’s Marbury vs Madison comes into play: “All laws which are repugnant to the Constitution are null and void.”

    If the Supreme Court’s declarations mean nothing, Hamilton made clear in Federalist 78 that “No legislative act, therefore, contrary to the Constitution, can be valid.” Jefferson said much the same thing in 1798 when he said “Whenever the general government assumes undelegated powers, its acts are unauthoritative, void and of no force.” The Supremacy Clause (Article 6 clause 2) codifies this very principle;  that any law made by Congress that is not made in pursuance to the Constitution, is no law at all.

    You can certainly choose to allow a government, acting unlawfully, to strip you of your Rights like they were a cheap prom dress or you can/should become a bit more literate. If politicians, judges and law enforcement don’t care to comply with our Constitution (the ‘highest’ law of the land) which they’ve sworn an Oath to, then the People shouldn’t worry about complying with their ‘gun laws’.

    https://resistancetononsense.wordpress.com/2018/06/29/our-preexisting-irrevolkable-right-of-self-defense/

  2. I want to see a Red Flag Law on ALL politicians, judges, police, government employees.
    Drug testing, steroid testing too.

  3. Proving once again, as if we needed more proof, that there is no difference between the political parties. If the Bill of Rights is to be upheld, we must do it and nothing less than an uprising of millions of Americans will accomplish it.

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