Biden Admin's Anti-Gun 'Red Flag Center' Violates Both Constitution and Statute

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A Democrat-controlled Congress gave the Biden administration the ability to block-grant funds for enforcement of “red flag” laws in several states, but the Biden administration has proceeded to take the next illogical step, violating both the Constitution and the statute passed by Congress to implement their “National Extreme Risk Protection Order Resource Center.” On Thursday, Dr. John R. Lott Jr., president of the Crime Prevention Research Center, and Representative Thomas Massie (R-KY) made the case why this “resource center” needs to be shut down immediately.

On Saturday, Vice President Kamala Harris touted the administration’s new National Extreme Risk Protection Order Resource Center, which will “support the effective implementation of state red flag laws” and “keep guns out of the hands of people who pose a threat to themselves or others.” But there is a problem: Congress never authorized the U.S. Department of Justice to create this resource center. The administration confuses “grants … to implement state … mental health courts, drug courts, veterans’ courts, and extreme risk protection order programs” with creating an entirely new center for one of these areas.

This isn’t the first time the Biden administration has gone beyond what the law allows and done more harm than good.

This isn’t the first time the Biden administration has gone beyond what the law allows — or the Constitution.

See Related: DOJ: ‘National Extreme Risk Protection Order Resource Center’ Will Help Enforce Red Flag Laws 

HOT TAKES: Social Media Slices and Dices Biden’s New Anti-Gun Red Flag Center

The Constitution does not, of course, list any such enforcement or “resource center” as an enumerated power of either Congress or the Executive branch, which would preclude this entire thing under the 10th Amendment; but, honestly, that ship sailed decades ago. But there was a law passed by Congress, signed by President Biden, that authorized the grant program. The Biden administration has greatly exceeded the powers given them by this legislation.

A Democrat-controlled Congress authorized the president to give grants to states that have red flag laws, but never was he authorized to establish a federal red flag center. This new Orwellian federal department is a threat to people in all 50 states and must be disbanded as quickly as it was established.

The entire prospect of these “red flag laws” is flawed, both constitutionally and ethically. They allow activist judges and people harboring grudges to deprive law-abiding citizens of their rights under the Second Amendment as well as the Fifth Amendment. Many of these laws (they do vary some from state to state) allow such an order to be filed and firearms confiscated without the subject of the order being evaluated by a mental health professional or afforded the opportunity to present evidence or testimony on their own behalf, and certainly not to confront their accuser; all rights guaranteed to American citizens under what were once keystone principles of American justice.

Dr. Lott and Rep. Massie are correct. This “National Extreme Risk Protection Order Resource Center” is a threat to the principles of justice; its very existence is a violation of the Constitution and the statute that was passed by Congress to allow the grants. Once again the Biden administration has defied the law, the Constitution, and the will of the American people. 

Sadly, once a federal institution is in place, it seems to be immortal. The Biden administration isn’t about to stand down this illegal organization. It will be up to the next president, whoever that may end up being, to take whatever action is required to end this abuse of federal power.

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