Gun Confiscation Via “Red Flag Law” Resolution

by the Constitution Party National Committee –  4 May 2019 – Milwaukee, Wisconsin

Image copyright 2019 by A.F. Branco, used with permissionWhereas, The American Declaration of Independence recognizes the foundational and timeless principle that governments are instituted among men to secure God-given rights, and,

Whereas, the right of self-defense, defense of the family, and defense against tyranny, is conferred upon the individual and the community by our Creator, and,

Whereas, the responsibility to safeguard life, liberty, and property, as well as to help preserve the independence of the nation is bestowed upon mankind by our Creator, and

Whereas, those who framed and ratified the United States Constitution adopted ten amendments known as the Bill of Rights which were plainly stated and intended as noted in the Preamble to the Bill of Rights “to prevent misconstruction or abuse of [the nation’s Constitutional powers]”, and

Whereas, The Second Amendment to the United States Constitution did not create a right, but simply recognized and protected that God-given right, and strictly prohibited any denial of gun ownership by saying:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” and

Whereas, the right to keep and bear arms is guaranteed by the Second Amendment to the Constitution; it cannot properly be infringed upon or denied, and

Whereas, “Red Flag” laws falsely claim legal authority to confiscate the firearms of Americans violate every Americanist principle protected under the original intent of the American Founders:

  • The decision to confiscate firearms possessed by the accused is made in secret by a court and under conditions shrouded in secrecy,
  • The right to keep and bear arms is violated by judicial confiscation,
  • Without probable cause and oath or affirmation people are not secure in their houses,
  • Unreasonable searches and seizures are carried out without probable cause and oath and affirmation,
  • Persons are deprived of property without due process,
  • If persons resist the unconstitutional forcible government intrusion and confiscation of constitutionally-protected rights and possessions, they are at risk of being deprived of their life or liberty by summary execution carried out by officers of the law,
  • Court hearings in advance of confiscation are held in secret and without the accused person being present, and without counsel (ex parte),
  • No jury is involved in judging the facts associated with the requested seizure,
  • The accused is not informed of the nature and cause of the accusation,
  • The accused is not allowed to confront the witnesses against him,
  • The accused is denied the power to obtain witnesses in his favor,
  • The accused is denied legal counsel and assistance,
  • The traditional American standard of presumption of innocence until guilt is proven is set aside, and guilt is presumed until innocence is proven, and


Whereas, even if the accused is actually provided real, constitutional due process, such matters are not within the legitimate power of the Federal Government and should be reserved to the State, and

Therefore, be it resolved that the Constitution Party strongly condemns and denounces the current effort to enact so-called “Red Flag” laws, both at the national level, and at the state and local level, and

Be it further resolved, that the most vigorous efforts should be exercised to discourage such laws from being enacted, and when the tyranny of such laws have already been erected to subjugate the people and destroy the liberty and God-given rights of the people, such tyranny must be immediately opposed and repealed.

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