Last week, the U.S. House of Representatives approved the National Defense Authorization Act for Fiscal Year 2022 on a bipartisan vote, 316-113. Buried in the 1,362-page funding bill, among appropriations for munitions, research and development and training, is a so-called “red flag” gun confiscation provision for military members. According to the bill’s language, “a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm,” meaning personal property could be confiscated before a conviction has occurred. The Senate will need to pass their own appropriations bill and then legislators would have to work out any differences that remain between the two chambers. Senator, Chuck Grassley, says he will not support red flag provisions if they appear in the Senate version.
The bill requires a military court-issued protective order be enforced only after the accused has receive reasonable notice of the action and has been given the opportunity to present evidence to the magistrate. However, it also contains provisions for emergency orders that can shorten the timeframe for an order to be issued to just 30 days. Grassley says the issue with any red flag law, military or otherwise, is that an individual’s rights can be determined by a single person.
The first draft of the Senate appropriations bill was published last week and did not contain language pertaining to firearm confiscation for active military. It is not clear when it will move to the floor for debate. All four Iowa representatives in the House voted in favor of the National Defense Authorization Act, including: Democrat, Cindy Axne from District 3; and Republicans, Ashley Hinson of District 1, Marianette Miller-Meeks of District 2, and Randy Feenstra of District 4.
