Heritage Expert: Senate Gun Bill Risks Serious Infringement on Second Amendment Rights

Heritage Expert: Senate Gun Bill Risks Serious Infringement on Second Amendment Rights

Jun 23, 2022 3 min read

WASHINGTONAmy Swearer, legal fellow at The Heritage Foundation, released the following statement today on the Bipartisan Safer Communities Act:

“By rushing this bill through the legislative process without thoughtful consideration, the Senate is risking serious infringements on the constitutional rights of American citizens.

“Instead of setting explicit minimum due process standards for states that accept red-flag law funding, the bill relies on several paragraphs of ambiguous language that would be left up to courts and the attorney general to interpret. Many state and federal courts have deemed even the worst of these laws to pass constitutional muster, while the Biden administration’s ‘model red-flag law’ proved that it cares little about true due process safeguards. The bill seriously risks a reality in which taxpayers in one state are forced to fund red-flag laws that trample the constitutional rights of gun owners in another state.

“Additionally, the legislation threatens to punish young, responsible Americans by needlessly slowing down the process for them to exercise their Second Amendment rights. It also creates unnecessary bureaucratic hoops for gun sellers to jump through when selling to young adults whom society otherwise considers responsible enough to go to war to defend our rights.

“While the bill takes steps toward protecting the nation’s students and improving vital mental health programs, the package as a whole falls short and risks infringing on our Second Amendment rights.”

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