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Marco Rubio Brings Back 'Red Flag' Bill for New Congress

January 3, 2019 - 4:45pm
Marco Rubio
Marco Rubio

On the first day of the new Congress, U.S. Sen. Marco Rubio, R-Fla., brought back the “Extreme Risk Protection Order and Violence Prevention Act.”

On Thursday, Rubio paired up with Republican U.S. Sen. Susan Collins and independent U.S. Sen. Angus King of Maine and U.S. Sen. Jack Reed, D-RI, to reintroduce the bill which “will dedicate Department of Justice funds to incentivize states to give law enforcement the authority to prevent individuals who pose a threat to themselves or others the ability to purchase or possess firearms, while still providing due process protections.”

Rubio first unveiled the bill in March after the Parkland shooting. When he showcased the bill on Thursday, Rubio said his proposal will help protect students. 

“A gun violence restraining order is one of the most effective policies we can put in place to prevent another tragedy like Parkland,” Rubio said. “We can help keep our schools and communities safe by empowering law enforcement or family members to use the judicial system to keep guns out of the hands of dangerous individuals. This idea has already proven successful in states like Florida, and it is my hope that this bill will get other states to do the same thing.”

“Our schools and many other public places are too often the targets of gun violence. We have a duty to do more to prevent this kind of violence. This bipartisan bill gives law enforcement and concerned family members a way to petition state and tribal courts to keep guns away from people who have exhibited serious, documented signs of danger and violence to themselves or others,” said Reed. “Red and blue states alike have been out front on this issue, adopting so-called ‘Red Flag’ laws. Our bipartisan initiative builds on these state solutions that already exist in states like Florida and Rhode Island, and provides incentives to effectively run and improve these important state efforts. It doesn’t force states to act, but encourages states that do. We must come together and do more to prevent gun violence, and passing this bipartisan bill would be a major step in the right direction.”

“Too many families, in too many communities across America, have felt the pain of losing a loved one to gun violence,” said King. “Far too often, we learn after the fact that many tragic mass shootings were committed by individuals who displayed warning signs of emotional or mental distress, and were still able to purchase a gun. These horrific losses could have possibly been prevented -- but they weren’t, and that’s simply unacceptable. This isn’t about infringing upon the Second Amendment rights of law-abiding gun-owners – it’s about using due process to pursue a proactive approach to save lives by intervening early with those who have shown significant danger to harm themselves or others.”

“Gun violence is a problem that affects far too many communities across the country,” said Collins. “Family members and law enforcement officers are often in the best position to identify when someone poses an immediate threat to themselves or others, but in many cases they are unable to intervene before it is too late. Our bipartisan legislation would provide a way for them to temporarily prevent dangerous individuals from possessing firearms. Several states already have ‘red flag’ laws, which enhance gun safety while retaining important due process protections and preserving the Second Amendment rights of law-abiding citizens.”


Mr. Rubio has been in office too long. He proposes a law that is blatantly unconstitutional in that it violates 2-A; the freedom to keep and bear arms, 4-A; Right against illegal search and seizure, 5-A rights to private property, 14-A Right to Due Process. This law will have a chilling effect upon 1-A freedom of speech. The Supreme Court has ruled that rights are not privileges. Rights are given to us by God. You can tax privileges and thus end them. The state can not tax rights RIghts cannot be removed or restricted without Due Process. Rubio is a "pander- bear" kissing the ass of the left with a stupid and unconstitutional effort to appear "reasonable" in order to stay relevant and in office. His time is up. Primary anybody?

i am dismayed by the this Mr. Rubio. Any law like this has the potential for abuse, especially when you get into an argument with a next door neighbor, an ex spouse, etc. The mass killers are law-less; meaning they do not follow laws, (law-less) and if guns are taken, they can easily become Timothy McVeigh who killed 168 people without firing a shot.

These hypocrites and idiots on here telling me No one is trying take your guns away !!! That what this stupid NAZI law does. I pray I can see one of these treasonous rights rapers in their cars texting while driving so I can call the cops on them and get them arrested. There are more inconsiderate lunatics driving and texting than people shooting others. Plus I haven't seen one person question the fact that there have been hundreds or thousands of these shootings and not all the shooters are deemed crazy. Did it ever cross anyone's mind as to why all of a sudden, did all these people decide to start killing??? I find that question a lot more puzzling

His comment, “A gun violence restraining order is one of the most effective policies we can put in place to prevent another tragedy like Parkland”, is laughable. There is only one common denominator in all of this. And it is the gun. .... and go.

Hey Rubio, 19 plus states already had this gun confiscation law voted down. Why introduce something that has already been proved to be unconstitutional and not a common sense law. If somebody wants to kill somebody there are many other ways to due it without a gun. Are you going to confiscate cars, trucks, knives, pressure cookers, chemicals etc etc. I would look at the big picture and what has already been defeated in many states. Red flag laws are gun confiscations.

I am concerned about the probability of law enforcement misuse of red flag laws especially since the gun owners won’t even have their day in court before the knock on the door? My zip code is 34135. I voted for you to help you get elected but am extremely worried about this back door attempt to kill the 2 nd amendment rights.

Me too. This law is very dangerous and precludes 1- Due process 2- presumption of innocence 3- search and seizure. I was once taken in because it was thought that I was suicidal, which I was not or ever. I was held for what they said was a mandatory 72 hours for "evaluation". This would should or could be what to do with someone i.e. PERSON (not any weapon.) Bring the PERSON in and make them go through an evaluation conducted by a professional psychologist under the rule of "probable cause". We ALL know that the weapon will not DO anything. The PERSON should be evaluated thus leaving the inanimate weapon where it is. Otherwise this is pure and simple GUN CONFISCATION!!

Well stated. The fact that anyone, even someone who is mad at you can sick the police on you is DISTURBING to say the least. This NAZI law is raping my 1st - 2nd and 4th Amendments and I'm not even being charged with a crime. When you go messing with our Constitution I want a guaranteed way to prevent self interest, overzealous police SS officers, and dozens of things that can and will go wrong. Just look at the recent case of Gary Willis in Maryland. I can't really criticize the police without having access to the facts, but it sure appears NAZI Storm Troopers entered his home and when he grabbed for his gun one of the officers shot him dead. I'm sorry but I consider this plain MURDER and in this man's own home - Talking about assaulting his Constitutional Rights. I don't know if he has a wife, but if so she should own the state of Maryland real soon.

i am a fervent defender of the 2nd ammendment. i do not, however, live in constant fear of the lefties taking away everyone's guns. if you have no bad intentions, your fear of losing the 2nd ammendment, due to common sense laws that protect innocent people, is unfounded. how many of you "defenders of liberty" have taken the time to read about the NRA/trump/russian campaign money? keep drinking that koolaid.

Fervent defender my foot ! I guess you don't make anyone mad huh? You probably are so naive you don't think the so called leftie you state couldn't be a person pissed off at you. Maybe you make a statement out of anger and some idiot misinterprets what you meant and calls the police and reports. The point is once the police obtain a ERPO Warrant and come to your door and take your guns, then YOU will have to pay thousands of dollars to defend yourself in order to regain your weapons that should have never been taken in the beginning. You had no Due Process. If you want rights destroyed like this move to Russia, they will enjoy you ! The Constitution is NOT to be altered or tampered with, especially by Oath Breakers !!!!

I don't buy your fervent crap at all. It's obvious your not a Constitutionalist by any means.

Dave - there is nothing common sense about common sense gun laws. How about we have common sense laws about your free speech and allow family members and police gag you until you prove that you are not going to harm yourself or others with your speech???? NRA/Trump/Campaign Money - brother. Where's the proof???? I have proof that the Democrats used the same thing they are accusing Russians of to defeat Roy Moore in Alabama - no proof on the Russians and the NRA and Trump. Get a grip please.

You are no defender of the 2nd Amendment. Secondly there are thousands of so called common sense laws on the books. Your a troll and enemy of freedom Kool aide drinker


11 teens die every day from texting and driving. Take away phones and you’ll prevent more deaths than 5 Parklands.

It's not about Trump and Russia or Hillary and Russian money for Uranium 1. It is about the Constitution and Bill of Rights. I recommend the Federalist papers so you can read in their own words what it was supposed to mean. How dare you feel you have the right to water down, restrict or take away my enumerated rights. Public school taught dummies are why we have the snowflakes like you talking about what you don't understand. Try the library.

Drunk driving kills more people each year than legal gun owners. Where is the bill banning alcohol. Rubio is a stupid moron. I will work to do everything I can to get him voted out on his next re-election bid.

Prohibition was tried and it failed. Brush up on your history bc that’s where the bill is, to answer your question.

I totally agree. He has been in government to long.

I take it reading comprehension isn’t your strong suit. No where in the proposed bill is it calling for a ban on guns.

And I guess critical thinking is not your strong suit. Tell me what other Rights you want the government to take from you without due process. How about these people are no longer exempt from illegal searches? How about they lose their right to free speech? It takes a special kind of moron to not understand this.

Drunk driving kills more people each year than legal gun owners. Where is the bill banning alcohol. Rubio is a stupid moron. I will work to do everything I can to get him voted out on his next re-election bid.

Any law that strips a citizen of their rights BEFORE due process is surely unConstitutional. These Red Flag laws do just that. They require an ex parte hearing in front of a judge where the accused is not present. He can not meet his accuser and is unable to defend himself.

Not very smart Rubio... Criminals are still going to have guns, acquired through illegal channels. This law will do nothing but put more, unnecessary regulations on Law Abiding United States Citizens. Your inside the box Pelosi-esque, double speak rhetoric in support of this bill smacks of the same propaganda that Hitler and Stalin spewed to the masses. This bill puts a "red flag" up for me, about you Paul Rubio... As in not to trust a word that comes out of your mouth. You, Pelosi and Schumer should get a room and stay there. Pat each other on the back about all the b.s. ideas you come up with and just keep them to yourselves. Calls himself a republican... B.S...

Amen to those comments on Rubio and others concerning gun regulations. Guns DO NOT kill people, People kill people. In my Military Experience and a Combat Veteran, there are many ways that i know of to kill a human being. Hardware Stores are full of Weapons of Mass Destruction. Sport stores: Basball bats will do the deed just as easily and permanently Doc Rio USN Ret Navy SEAL

If you take the gun out of the equation from the school shooting, would all of those kids be dead?

It appears that the deranged gun loving haters and mental creeps are upset that you are finally doing something right. I can’t understand how anyone would object to keeping guns out of the hands of dangerous, mentally ill people, unless that describes them. It’s just good common sense.

Gun Loving haters and mental creeps. Wow, how long did it take you to come up with that? You must be one of those haters yourself. Probably vote for Pocahontas for President. I can feel the love... You have Hoplophobia a mental illness. Please seek professional help. Better yet, call in an anonymous tip on yourself so you can see how folks are treated with your "common sense" laws. That way you can learn the system and get the help you need to be a productive member of society.

No one is objecting to keeping guns out of the hands of dangerous or mentally ill people. That's pure bs misrepresention. They're objecting to the denial of due process before the confiscation of property and denial of liberty of someone who has not been proven to be dangerous or mentally ill. I guess you are either ignorant or dont even care what due process is. I'm leaning towards the latter.

There lies the problem. Sure it makes sense to keep guns out of the hands of dangerous, mentally ill people. However, who gets to decide who is mentally ill or dangerous and what exactly is going to qualify as such? A family doctor stating you're dangerous because you're stressed? A police officer turning you in because you were speeding and upset about getting a ticket? All it takes is a finger pointed. If you think for one second honest, law abiding citizens wont be be victims of such laws, think again.


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