Defense Bill with Red Flag Provision Passes in House with GOP Support

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The 2022 National Defense Authorization Act (NDAA) contained in H.R. 4350 passed the U.S. House with Republican support Thursday.

On September 23, 2021, Breitbart News reported that the 2022 NDAA contains a provision authorizing military courts to issue orders restraining military personnel from “possessing, receiving, or otherwise accessing a firearm.”

The provision for prohibiting gun possession is contained in Section 529 of the NDAA. That section is titled, “Authority Of Military Judges And Military Magistrates To Issue Military Court Protective Orders.”

The specific provision gives military courts the authority to prohibit gun possession via protective orders in two ways: 1. By giving the subject of the order an “opportunity to be heard on the order.” 2. By issuing the order ex parte.

An electromagnet is used to pick up some of approximately 3,500 confiscated guns to be melted down at Gerdau Steel Mill on July 19, 2018 in Rancho Cucamonga, California. The weapons were seized in criminal investigations, probation seizures and gun buyback events, and will be recycled into steel rebar for the construction of highways and bridges. (Photo by David McNew/Getty Images)

Within 72 hours of issuance, the order is to be delivered to the Attorney General of the United States and “the Attorney General of the State or Territory in which the order is issued.”

Roll Call noted that the 2022 NDAA passed the House by a vote of 316-113.

An amendment by Rep. Hank Johnson (D-GA), designed to lessen the transfer of military equipment to police departments around the country, was defeated. A Democrat-sponsored amendment to “[block] funding for the Ground Based Strategic Deterrent” was also defeated.

The Senate will soon begin considering a version of the NDAA that passed the Senate Armed Services Committee mid-summer.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkinsa weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Instagram: @awr_hawkins. Reach him at [email protected]. You can sign up to get Down Range at breitbart.com/downrange.





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