As Chairman of the Senate Judiciary Committee, you have the power to make sure that the Violence Against Women Act does not infringe upon our God-given, Second Amendment-protected rights. But, the bill passed by the House (H.R. 1585) is full of gun control. Please don’t fall for the trick that “red flag” gun confiscation orders can exist with “due process.” Every state that has enacted a red flag gun confiscation law has deprived gun owners of their constitutional right to due process. These provisions go by many names -- red flags or ERPOs or gun confiscation orders. But they all have this in common: They deprive gun owners of their constitutionally-recognized right to keep and bear arms without first having legal counsel present ... and without enjoying a trial by jury ... and without imposing the prosecutorial burden to prove guilt beyond a reasonable doubt. Instead, “red flag” provisions effectively force gun owners to pay thousands of dollars to go to court and convince the judge he made a mistake in ordering their guns to be confiscated. This does not constitute substantive due process! This is the reason the Rhode Island chapter of the ACLU -- as well as Gun Owners of America -- has voiced such strong opposition to these provisions. I urge you to fight the gun control clearly contained within the language of H.R. 1585 and to keep any alternative reauthorization free of unconstitutional language like “red flag” gun confiscation orders, as well.

As Chairman of the Senate Judiciary Committee, you have the power to make sure that the Violence Against Women Act does not infringe upon our God-given, Second Amendment-protected rights. But, the bill passed by the House (H.R. 1585) is full of gun control. Please don’t fall for the trick that “red flag” gun confiscation orders can exist with “due process.” Every state that has enacted a red flag gun confiscation law has deprived gun owners of their constitutional right to due process. These provisions go by many names -- red flags or ERPOs or gun confiscation orders. But they all have this in common: They deprive gun owners of their constitutionally-recognized right to keep and bear arms without first having legal counsel present ... and without enjoying a trial by jury ... and without imposing the prosecutorial burden to prove guilt beyond a reasonable doubt. Instead, “red flag” provisions effectively force gun owners to pay thousands of dollars to go to court and convince the judge he made a mistake in ordering their guns to be confiscated. This does not constitute substantive due process! This is the reason the Rhode Island chapter of the ACLU -- as well as Gun Owners of America -- has voiced such strong opposition to these provisions. I urge you to fight the gun control clearly contained within the language of H.R. 1585 and to keep any alternative reauthorization free of unconstitutional language like “red flag” gun confiscation orders, as well.

As Chairman of the Senate Judiciary Committee, you have the power to make sure that the Violence Against Women Act does not infringe upon our God-given, Second Amendment-protected rights. But, the bill passed by the House (H.R. 1585) is full of gun control. Please don’t fall for the trick that “red flag” gun confiscation orders can exist with “due process.” Every state that has enacted a red flag gun confiscation law has deprived gun owners of their constitutional right to due process. These provisions go by many names -- red flags or ERPOs or gun confiscation orders. But they all have this in common: They deprive gun owners of their constitutionally-recognized right to keep and bear arms without first having legal counsel present ... and without enjoying a trial by jury ... and without imposing the prosecutorial burden to prove guilt beyond a reasonable doubt. Instead, “red flag” provisions effectively force gun owners to pay thousands of dollars to go to court and convince the judge he made a mistake in ordering their guns to be confiscated. This does not constitute substantive due process! This is the reason the Rhode Island chapter of the ACLU -- as well as Gun Owners of America -- has voiced such strong opposition to these provisions. I urge you to fight the gun control clearly contained within the language of H.R. 1585 and to keep any alternative reauthorization free of unconstitutional language like “red flag” gun confiscation orders, as well.