You hear a knock at your door. You open it, and it’s the police - and they have a warrant.
You haven’t broken any laws, but the warrant says you’re a threat to yourself.
They come in and sift your house for guns and ammunition. You have only one gun - a gun you got after your ex-boyfriend began threatening you. The officers take it, along with your box of ammo.
On the way out the door, they tell you to show up in court in a week - and maybe the judge will give your gun back.
Five minutes after they leave, your phone rings. It’s your ex-boyfriend.
I hope this never happens to you.
But if H.3275 passes, it could happen to anyone in South Carolina.
Under this bill you could lose your guns for up to a year - without a jury trial or conviction of a crime.
This bill - filed by state Representative Ivory Thigpen - would allow anyone to accuse you of being a danger to yourself or others. If the local authorities agree, they could get a warrant to immediately seize your guns.
Imagine the implications of this policy!
A neighbor could overhear an argument.
A politician might resent your holding him accountable for a bad vote.
A family member might think you drink too much.
Any of these situations could lead to the seizure of your weapons - even though you haven’t committed any crime!
Any warrant to take your guns would be issued by the probate judge, who could consider an unlimited number of factors - including “the reckless use, display, or brandishing of a firearm by the person.”
Other factors the judge could consider include alcohol abuse and any previous confinement in a mental institution - but these are just suggestions. The law leaves it up to the discretion of the judge whether you should lose your guns.
And it gets worse. You wouldn’t get a trial - because there’s no trial without an actual crime. Instead you’d get a hearing before the probate court, and if they agree that you’re a danger to yourself or others, the court can keep your guns for up to a year. Oh, and they’d also notify the Department of Mental Health.
This sounds like a dystopian novel - but it is already happening in other states.
Here’s what one California lawyer had to say about their gun-grabbing law:
“The reason I like gun violence restraining orders as an option is that we can use them even if the person hasn’t been convicted of a crime.”
The Second Amendment states that your right to keep and bear arms shall not be infringed. Period. Your rights can only be taken after due process determining that you have violated the law and therefore forfeited your rights.
This bill isn’t about safety. It’s about tyranny.
Call your Representative today and tell him or her to oppose H.3275!
his legislation violates both the Second Amendment and the Fifth Amendment - which states that no person shall be deprived of life, liberty, or property without due process.
In short, this legislation would allow the government to barge into your home and take your guns for any reason they choose. There are no parameters on this authority in the bill - nothing to keep this power from being exploited.
The possibilities for abuse here are endless.
This bill hasn’t had a committee hearing yet. Your Representative needs to know that you are watching.
It’s critical that you contact your Representative today and ask him or her to oppose H.3275.