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Home ยป News ยป News ยป Gun confiscation orders will make Maine less safe
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Gun confiscation orders will make Maine less safe

Eric BrakeyBy Eric BrakeyApril 11, 2018Updated:April 4, 2020No Comments4 Mins Read
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Ever since Cain slew Abel with a rock, human society has struggled with an age-old question: how do we prevent that rare, but devastating, scenario when someone chooses to wreak havoc on others?

In America, we see it often as โ€œgun violence.โ€ In Israel and the Middle East, people fear suicide bombers. Across Europe, vehicle ramming attacks are on the rise. And as the homicide rate climbs in London, the new slogan is, โ€œSave a life, surrender your knife.โ€

I wish there was a single government bill we could pass to permanently end manโ€™s inhumanity towards man. But that is magical thinking; and magical thinking wonโ€™t help us with real problems. We have to look for answers grounded in reality.

Thankfully, the reality for Maine is good. Ranked the safest state in America, Maine has the lowest violent crime rate nationwide.

And, confounding gun grabbers everywhere, Maine also has strong Second Amendment protections — including Constitutional Carry, a law I authored in 2015 that allows law-abiding citizens to carry a concealed handgun without a permit.

Since passage of Constitutional Carry three years ago, Maine has climbed the safety rankings. And Maine isnโ€™t alone. Four of the five safest states in America — Maine, New Hampshire, Vermont and Idaho — all have Constitutional Carry laws.

This makes sense. The individual right to keep and bear arms is a deterrent against violent crime. Those looking to prey on others arenโ€™t seeking armed citizens, but unarmed victims. Unfortunately, this reality hasnโ€™t slowed the repeated calls to erode — and even fully repeal — our Second Amendment โ€œto make us safe.โ€

-Illustration by Sam G. Pilgrims

Benjamin Franklin warned us that โ€œthose who give up a little essential liberty to gain a little temporary securityโ€ will lose both and deserve neither. In the name of safety, should we ever surrender our right to keep and bear arms, we will find Franklinโ€™s warning to be true.

This is why we must defeat new legislation in Augusta that would allow courts to issue so-called โ€œcommunity protection orders.โ€ These are essentially gun confiscation orders, stripping away the Second Amendment rights of Maine people, banning them from possessing firearms and authorizing seizure of firearms they already possess.

All it would take is a simple accusation from a family member, a roommate, or even a current or former romantic partner. On the basis of any number of emotionally-charged personal disputes, where no crime is committed and no probable cause exists that a crime might be committed, you could lose your right to self-defense.

Even worse, a gun confiscation order may be issued โ€œex-parte,โ€ which means without any notice. No due process. No opportunity to defend yourself in a court of law.

With gun confiscation orders, you are only entitled to learn your rights have been stripped away when the SWAT team comes to your door to โ€œcollectโ€ your guns. Only after seizure of your firearms can you challenge the order and beg for your rights and your firearms back.

Our American legal system is built on the premise of โ€œinnocent until proven guilty,โ€ but this legislation would make Maine people โ€œguilty until proven innocent.โ€

Gun confiscation orders violate the Maine Constitution. Not only does Article I, Section 16 read, โ€œEvery citizen has a right to keep and bear arms and this right shall never be questioned,โ€ but Article I, Section 6-A reads, โ€œNo person shall be deprived of life, liberty or property without due process of the lawโ€ฆโ€

Gun confiscation orders would take away our liberty and our property without due process, all while doing little to make us safe. The fuzzy logic of the proposal falls victim to the fallacy of viewing โ€œgun violenceโ€ as somehow worse and different than all other acts of violence. But as we see around the world — whether its guns or knives or cars or bombs or any other tool the imagination can conceive — when an individual is motivated to harm others, there are many methods available.

Eroding our constitutional right to self-defense will not increase safety. If anything, the example of Maine — the safest state in America — demonstrates that our individual right to keep and bear arms is not the problem, but the solution, to violent crime in America. If you wish to bear arms you can buy AR15 related accessories here.

2nd Amendment Commentary community protection order constitutional carry Featured gun confiscation order Opinion Second Amendment
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Eric Brakey

Eric Brakey is the senior spokesperson for Young Americans for Liberty. As a state senator from 2014 to 2018, Brakey served as senate chairman for the Maine Health and Human Services Committee.

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