by Rep. Marcia Morey (D-Durham) who was appointed to fill an empty seat in the North Carolina House of Representatives is proposing the establishment of firearms restraining orders a’la California. Though Morey is a former judge, it seems she sees no problem in adopting something flies in the face of due process.
Grass Roots North Carolina sent out an alert on this yesterday asking that gun rights supporters email every Republican in the NC House and demand an end to this.
From GRNC:
COURTS TO BE PROPOSEDYou read that right. Rep. Marcia Morey (D-Durham), a former judge, whose April appointment to the NC House filled a vacant seat, is looking to turn North Carolina into California—but not regarding sunshine and fad diets. In short, Morey will be proposing the establishment of “firearm restraining orders” (FROs) in our state. An FRO would be issued as a result of an “exparte” (emergency) hearing, where a judge can authorize the seizing of a private citizen’s guns where no crime has been proven (no guilty verdict delivered), and in fact, even where no arrest has taken place. Most likely, the proceedings will be allowed to take place even in the absence of the accused. This means the accused citizen cannot face his accusers, nor defend himself through counsel or otherwise. This is a serious violation of fundamental Constitutional due process rights.A First Amendment Analogy
One could liken an FRO hearing, and subsequent confiscation, to accusing a reporter of so-called “hate speech,” and then, once the accusation is made, an emergency hearing is held without the presence of the accused reporter. The hearing could result in a ten-day gag order being placed on the reporter, barring the reporter from speaking (or reporting) until a primary hearing. So, the reporter’s First Amendment rights are suspended—absent any due process! In the case of Second Amendment rights, even if the accused’s firearms are returned after ten days, there is nothing to prevent the police from having registered them with the BATFE. Moreover, the accused will still be out thousands of dollars spent on the ensuing legal defense—that is, only if the accused can afford it in the first place.No Pretense, Just Straight-up Confiscation
FROs are not a foot in the confiscatory door. There is no pretense here. FROs blatantly and aggressively kick that door down, and once FROs are in place, the valid reasons for establishing an FRO against an individual will surely loosen. At first, perhaps close family members and a few others very close to a person may be able to point a finger and “report” him. That’s bad enough, but be sure, the already Orwellian rules surrounding FROs will surely expand. It’s likely that, eventually,virtually anyone in a person’s sphere will be able to accuse a person and begin the unconstitutional process of having the accused’s legally owned firearms forcibly confiscated. Does this sound like a free country to you, a free state?Will Republicans Protect the Citizenry?
As of now, we don’t know how the Republican majority in Raleigh will react when asked to establish a gun confiscation mechanism. We do know that there is always danger that politicians will stick a finger in the air and just “go with the flow,” as the anti-gun crowd aggressively pushes to not “let a crisis go to waste.” There is real danger here. We need to inform our representatives that we will not allow them to rescind our Constitutional due process rights. Free, law-abiding citizens are to remain free, and we will not tolerate being punished for the crimes of another.Below, see how you can contact your representatives to let them know you won’t tolerate the establishment of extra-Constitutional laws in our state.
IMMEDIATE ACTION REQUIRED!
- EMAIL REPUBLICANS IN THE NC HOUSE: Click here,then here, and then here. Check your default email program after clicking each link. Each time, an email should have been automatically generated for you. Simply add your name to the bottom and hit “send.” If the email(s) were not generated, or were not generated properly, simply use the copy/paste email lists provided below, and the copy/paste text provided under ‘Deliver This Message.’
- PHONE YOUR NC REPRESENTATIVE: Use this link to find your representative. Tell him or her that you expect them to actively and vocally stand against any legislation that would establish extra-Constitutional “Firearms Restraining Orders,” kangaroo courts setup to strip citizens of gun rights without due process.
CONTACT INFORepublican NC House copy/paste email *list(s)Jay.Adams@ncleg.net; Dean.Arp@ncleg.net; John.Bell@ncleg.net; Hugh.Blackwell@ncleg.net; John.Blust@ncleg.net; Jamie.Boles@ncleg.net; Beverly.Boswell@ncleg.net; John.Bradford@ncleg.net; Bill.Brawley@ncleg.net; William.Brisson@ncleg.net; Mark.Brody@ncleg.net; Dana.Bumgardner@ncleg.net; Justin.Burr@ncleg.net; Mike.Clampitt@ncleg.net; George.Cleveland@ncleg.net; Jeff.Collins@ncleg.net; Debra.Conrad@ncleg.net; Kevin.Corbin@ncleg.net; Ted.Davis@ncleg.net; Jimmy.Dixon@ncleg.net; Josh.Dobson@ncleg.net; Nelson.Dollar@ncleg.net; Andy.Dulin@ncleg.net;Jeffrey.Elmore@ncleg.net; John.Faircloth@ncleg.netCarl.Ford@ncleg.net; John.Fraley@ncleg.net; Holly.Grange@ncleg.net; Destin.Hall@ncleg.net; Kyle.Hall@ncleg.net; Jon.Hardister@ncleg.net; Kelly.Hastings@ncleg.net; Cody.Henson@ncleg.net; Craig.Horn@ncleg.net; Julia.Howard@ncleg.net; Pat.Hurley@ncleg.net; Frank.Iler@ncleg.net; Linda.Johnson2@ncleg.net; Bert.Jones@ncleg.net; Brenden.Jones@ncleg.net; Jonathan.Jordan@ncleg.net;Donny.Lambeth@ncleg.net; David.Lewis@ncleg.net; Chris.Malone@ncleg.net; Susan.Martin@ncleg.net; Pat.McElraft@ncleg.net; Chuck.McGrady@ncleg.net; Allen.McNeill@ncleg.net; Tim.Moore@ncleg.net; Bob.Muller@ncleg.net;
Gregory.Murphy@ncleg.net; Larry.Pittman@ncleg.net; Larry.Potts@ncleg.net; Michele.Presnell@ncleg.net; Dennis.Riddell@ncleg.net; David.Rogers@ncleg.net; Stephen.Ross@ncleg.net; Jason.Saine@ncleg.net; John.Sauls@ncleg.net; Mitchell.Setzer@ncleg.net; Phil.Shepard@ncleg.net; Michael.Speciale@ncleg.net; Bob.Steinburg@ncleg.net; Sarah.Stevens@ncleg.net; Scott.Stone@ncleg.net; Larry.Strickland@ncleg.net; John.Szoka@ncleg.net; John.Torbett@ncleg.net; Rena.Turner@ncleg.net; Harry.Warren@ncleg.net; Sam.Watford@ncleg.net; Donna.White@ncleg.net; Linda.Williams@ncleg.net; Larry.Yarborough@ncleg.net; Lee.Zachary@ncleg.net
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DELIVER THIS MESSAGE |
I am writing because I’ve just been informed of the horrifying proposal that Rep. Morey is preparing to introduce. I understand Rep. Morey would like to establish “Firearm Restraining Orders” (FROs) in our state. FROs are simply mechanisms for bypassing constitutional due process protections in order to confiscate firearms, at whim, from accused persons who have not been convicted of any crime. Not only can one’s firearms be confiscated based on accusation alone, FRO hearings can also be held without the presence of the accused. To say this is unacceptable is an understatement.
I am incensed that any representative in an ostensibly free state would even suggest such an ominous mechanism be established within our legal system. I assure you, citizens like me will not stand for the suspension of our Constitutional rights. I insist that you act now to put a stop to any legislation that would establish these extra-constitutional judicial bodies, which are designed to strip people of their rights based on accusations alone.
Also, I must insist that you explain to me where you stand on this issue. I must be sure that my representatives are on the side of liberty—protecting my rights—and are not willing to oppress Constitutional guarantees simply due to the current direction of political winds.
I need a response from you, and I will also be monitoring your actions on this matter through alerts from Grass Roots North Carolina.
Respectfully,