Sneaky Congress Hides Red Flag in National Defense Authorization Act

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red flag gun laws

Congress is hiding a red flag law in the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for the Fiscal Year 2021 (H.R. 6395).

The NDAA authorizes the military to “red flag” anyone subject to the Uniform Code of Military Conduct. According to the NDAA, a friend or relative could report the service member as “abusive.” An ex parte “court” will hear the claims of the friend or relative and decided whether to take firearms away from the accused. The gun owner doesn’t have a chance to defend themselves or even know that someone is accusing them of abuse.

In the civilian world, law enforcement and the courts refer to red flag laws as Extreme Risk Protection Orders (ERPO). The NDAA refers to these red flag laws as Military Court Gun Confiscation Orders (GCOs). Even though the names of the rules are different, both laws work primarily the same way. Like ERPOs, GCOs lack due process. The court would assume the military member is guilty of abuse until they could prove their innocence as a later date.

According to gun rights advocates, the same service members that swear an oath to the Constitution will lose their Constitutionally guaranteed rights under the new NDAA. Military police or SWAT teams would carry out a raid of the gun owner’s house in the middle of the night to strip them of their gun rights.

The service member would then have to prove their innocence to get their firearms back from the same government that they are protecting.

The NDAA leaves a lot of gray areas in the GCO provision that would be filled in by the future White House administration. If an anti-gun politician becomes President, like Democrat Presidential Candidate Joe Biden, then the amount of evidence needed to strip the rights of the service member decrease or the amount of evidence to get the guns back would increase significantly. Anti-gun politicians seem to have this flexibility built into the NDAA intentionally.

Politicians have slipped in this Constitutionally questionable provision into the NDAA under cover of darkness. Politicians on both sides on the aisle have been quiet over the inclusion of the GCO provision. It is unknown why there is silence from self-proclaimed pro-gun Republicans on the issue of GCOs in the NDAA. Some gun rights advocates theorize that they do not know that the provision is in the NDAA. Others feel the Republicans are compromising with anti-gun Democrats to get the NDAA passed through the House of Representatives.

Certain “pro-gun” Republicans are open to Red Flag laws. Dan Crenshaw purports to be pro-gun, but he has called for Red Flag laws in the past.

Gun Owners of America is asking all their members to email their representatives and asking them to oppose H.R. 6395. The gun-rights group is also asking their members to call their representatives at to ask them to protect the rights of those that protect us.

Gun Owners of America created an easy to use form at


About John Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at . John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on and can be followed on Twitter at , on Facebook at , or at .

1 COMMENT

  1. Trump did say “get the guns…due process later”. He lied profusely to get elected. And, that’s why I’ll never vote for any person from the Trump clan nor any Israel nor Zionist supporter.

    …”there’s a plan to enslave every man, woman, and child.” JFK

    Ah huh, Trump and his good friend are the pinnacle of the now failed Operation Northwoods. And, they are the only faction on Earth capable of, and are trying to, enslave every man, woman, and child.

    Of course, I am informed and wouldn’t vote for any Democrat, Libertarian, or Republican. They are all compromised by mossad, international Jewry, and, or US Zionists.

    Creepy Joe? Trump the dick-tater? lol. Biden is a scape goat and the only candidate Trump can “beat”, and that’s it.

    The Democrats and Republicans are working both sides of the isle against America as evidenced by their continued war mongering and as evidenced by their political corruption giving away to national and international Zionists the COVID money.

    They think we’ll gladly be their goy slaves by buying up all of the now failed businesses with corrupted COVID money *and* get us to work for slave wages, play musical chairs with jobs. lol. Not a chance.

    The economy is kaput. Trump and the RNC and DNC, kaput. The great kaput!

    Let us pray for the sacred hour of judgement. Oh, come quickly sacred hour of judgement.

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