When the National Defense Authorization Act passed Tuesday night with bipartisan support, it did not include the provision that could have let military judges prohibit military members or their dependents from having guns.
When the bill was put together earlier this year, Section 529 would have allowed military magistrates to determine whether a person was “abusive”, and would essentially allow the removal of firearms, which Republican lawmakers said would have been without due process.
“It has to go through the proper due process, not the discretion of someone, to be able to come and take all of your rights, including Second Amendment rights. It’s very dangerous,” said Rep. Victoria Spartz, a Republican who represents Indiana’s 5th District.
She, along with 159 other Republican lawmakers, signed onto a letter, promising no support for the bill, if the provision remained.
The National Defense Authorization Act authorized $770 billion to fund the U.S. military and set policy for the nation’s defense. The bill passed heartily, on a vote of 363-70.
“If you have a mental health issue, if something happens, we have a court and it should be resolved at the state level, not the federal level,” said Spartz, in an interview at IndyPolitics.org. “These laws are very dangerous, especially when they are written on a federal level.”
Spartz said she believes that “Red Flag” laws at the federal level are more corosive to Second Amendment rights because it centralizes policy, which she said could reduce or eliminate due process, promised by the Constotution.
“A lot of Republicans, including I, sent a letter and said if we’re not going to take them (Red Flag laws) this law is not gonna be supported by Republicans,” said Spartz.
The NDAA must still pass the U.S. Senate and be signed by Pres. Biden to become law.