Due process comes first, Mr. President

Trump’s grasp of the Constitution is slippery at best.

“I like taking the guns early, like in this crazy man’s case that just took place in Florida … to go to court would have taken a long time,” The Hill quoted Trump as saying during a meeting with lawmakers on school safety and gun violence Wednesday. “Take the guns first, go through due process second.”

The Hill said Trump was responding to comments from Vice President Pence that there should be more tools for reporting potentially dangerous individuals with weapons — though those “tools” apparently failed about 45 times in the case of the Broward County high school shooter.

“Or, Mike, take the firearms first, and then go to court,” Trump reportedly responded.

I’ve always said Pence should have been on top of the ticket.

Due process is twice mentioned in the Constitution. The Fifth Amendment says the federal government may not deprive anyone of “life, liberty or property without due process of law.” While the Fourteenth Amendment, ratified after the Civil War, adds that the states also may not “deprive any person of life, liberty, or property, without due process of law …”

These principals as relates to gun ownership were upheld by the Supreme Court in both D.C. v. Heller and McDonald v. Chicago.

6 comments on “Due process comes first, Mr. President

  1. Rincon says:

    Once again, reflexively defending guns while completely failing to ask why our country has a firearms homicide rate 25 times as great as most developed countries and why our crime, incarceration, and murder rates are more typical of third world nations than advanced countries. I’m not saying to take all guns away, but since gun defenders are strictly negative in their approach, don’t be surprised when the pressure cooker blows.

    If there are no other suggestions, then gun control it is!

  2. Rincon says:

    And don’t forget the new rules. Our First Amendment still stands, but seems to have been downgraded a bit. Disagree with those in power and retaliation will follow.
    http://www.newser.com/story/256046/pro-gun-georgia-lawmakers-score-political-win-over-delta.html

  3. Bill says:

    It may be well to consider legislation that provides for an emergency or expedited order as to a forced mental examination and interim firearm seizure from individuals who may pose an imminent threat to themselves or others and of course followed with a more thorough examination and hearing.

  4. Steve says:

    Those are called “Red Flag” laws, Bill.

    And Georgia used their versions to take away several rifles from that teacher in 2016 (Jesse Davidson, who recently shot a gun in a classroom) after he set fire to his family car.

    This instantly raises the question, how does he remain stable enough to continue teaching school kids? District officials insist he was competent to remain an active teacher even in light of continual police involvement and domestic issues over the last few years.

    these incidents are making it clear, guns aren’t the problem, people (and systems failures) are. Taking away all the guns will leave these problems in place and will do nothing to prevent further occurrences.

  5. Rincon says:

    Funny that OUR people and perhaps some undefined systems are so much more of a problem than those of just about every other developed country. Is it mostly our systems or our people that are so inferior to theirs? We certainly get terrible results compared to them.

  6. Steve says:

    Civil Asset Forfeiture…there’s Trump’s foundation.

    Isn’t it sad the government can come and take anything we own, any time they choose, for any reason they can cook up?

    I know my ancestors fought a war over that very issue. Pliny is turning over in his grave.

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