Senate Bill 5055 - Disarming Active/Reserve/Nat'l Guard Military and Veterans

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  • JAL

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    May 14, 2017
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    Senate Bill 5055 was introduced about ten days ago in the U.S. Senate by Senator Collins of Maine (a RINO Traitor) along with Senator King, also of Maine. The bill is two-pronged. It is applicable to those currently in the military, including Reserve and National Guard and it's applicable to all veterans.

    The insidiously onerous aspect of this bill is requiring the military Judge Advocate General on the applicable (or nearest) active installation to actively participate and fully engage in prosecuting service members or veterans in state/local courts to strip them of all their 2nd Amendment Rights, which would subsequently seize all their firearms and ammunition.

    I quote two subparagraphs from page 2 of the bill (emphasis is mine):
    "(1) requires each branch of the Armed Forces to fully utilize any applicable State extreme risk protection order program in the event a commanding officer determines that a member of the Armed Forces under the commanding officer’s command is a covered individual for purposes of subsection (b)(3); and
    (2) requires each branch of the Armed Forces to fully participate in any judicial proceeding authorized under any applicable State extreme risk protection order program to impose, review, extend, modify, or terminate an extreme risk protection order for a current or former member of the Armed Forces."

    I urge everyone to read the entire Bill including the definitions that follow the text quoted above. It's not very long -- 5 pages in legal format, double-spaced with line numbers. As I read it, subparagraphs (1) and (2) above are independently operative. In other words, the applicability and requirements in (2) are not contingent on and do not rely on the applicability of (1).

    What does that mean for veterans?
    Among other scenarios, one of them is the insidious actions of the VA declaring veterans either dangerous and/or mentally incapacitated, and reporting them to NICS as prohibited persons. This bill would energize the nearest Armed Forces JAG Office and require it to subsequently pursue and prosecute an ERPO in the veteran's state/county court under the state's Red Flag laws. In the meantime, the veteran is not entitled to any legal representation provided by the government under any conditions or circumstances, regardless of financial ability to hire an attorney. It's a civil action, not a criminal one.

    Envision an active duty JAG officer in full dress uniform replete with awards and decorations strolling into a civilian court arguing someone must be completely stripped of their 2A rights with all their firearms and ammunition seized, and what kind of sway bringing the full weight of the Department of Defense down on someone would have on a judge. The lopsidedness of this goes well beyond the pale.

    Side Note About Active Duty and Current Reserve or National Guard:
    Scenarios for current Active Duty, Reserve and National Guard are also insidious. Under DoD (and individual service) Regulations, they're not entitled to any JAG representation or legal assistance beyond aiding the service member in finding and hiring a civilian attorney for civilian trials or court hearings. The JAG office (its defense side) cannot aid in preparing any court filings for the service member. Neither will the military pay for that representation.

    Took a few days for the text of the bill to hit the Congressional web site for pending legislation:
    [Trigger Warning: it's a PDF]
    https://www.congress.gov/118/bills/s5055/BILLS-118s5055is.pdf

    This PDF is also uploaded as an attached file.

    I fully expect our very own RINO Traitor, Senator Todd Young, is chomping at the bit to sign onto this bill and vote for it. I urge everyone to call both Senators and your Congressman about this Bill. The current administration and possibly the next one (I hope not) are Hell bent on completely disarming all military, past and present.

    Back Story Giving Motive for this Bill:
    It is without doubt a consequence of the October 2023 Lewiston, Maine mass shooting that killed 18 and wounded 13. The shooter was a Sergeant First Class (E-7) in the U.S. Army Reserve and a resident of Maine. He had significant traumatic brain injuries incurred as a consequence of his military duties. The shooter committed suicide shortly after the shooting spree while the manhunt for him was underway. The shooting occurred in spite of local law enforcement (in Maine) being notified of his dangerously erratic behavior, plus the threats he was making. Local law enforcement did nothing. Yet another local law enforcement failure. Senator Collins and primary co-sponsor, Senator King, are Maine's Senators. Full details of it can be read here:
    https://en.wikipedia.org/wiki/2023_Lewiston_shootings

    Would be a good topic for @GuyRelford on his WIBC Gun Guy Show.
     

    Attachments

    • BILLS-118s5055is.pdf
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