LaMalfa votes to uphold Second Amendment rights

Congressman Doug LaMalfa voted against legislation aimed at restricting Second Amendment rights by way of increasing red flag laws and easing the process of law enforcement to confiscate firearms without due process.

“This bill isn’t about gun safety, it’s a surrender of our Constitutionally granted rights,” LaMalfa said. “Restricting a law-abiding citizen’s ability to own a firearm isn’t going to stop violent crime. Reinforcing this ‘grab first, ask questions later’ process that allows law enforcement to take away our guns without due process won’t stop violent crime. Stigmatizing nonviolent children who are just struggling at school won’t stop violent crime. Instead of directly allocating funds to harden school security and improve mental health programs, it just increases funds to open-ended federal programs that can be used to pay for other things – we need more campus training and security. This bill shows that 231 years after our Bill of Rights was ratified, we must still fight for the freedoms endowed by our founders. I will keep fighting in Congress to ensure our rights and freedoms are protected.”

This bill would:

  • Provide $750 million over five years to fund programs to incentivize states to adopt gun confiscation orders known as red-flag laws. These laws, which allow for a court-ordered, temporary revocation of an individual’s right to keep and bear arms, present significant constitutional issues and risk violating the due process rights of Americans.
  • Extend waiting periods to a minimum of three days and a maximum of 13 days for lawful buyers between the ages of 18 and 21 – even though this age group is legally old enough to willingly go to war and defend our rights.

California already has an arbitrary 10 day waiting period for all purchases, there is little evidence that shows that there was any reduction in violence.

California also previously had a law that restricted the sale of semi-automatic rifles to buyers between the ages of 18-21, which was ruled unconstitutional in the 9th Circuit Court.

  • Reinforce laws against third party “straw” purchases, which are already illegal. This does, however, make it more difficult for victims of domestic violence to ask for help and obtain a weapon to defend themselves against their abuser.
  • Disincentivizes seeking assistance for mental health care for fear of having a Constitutional right taken away. Under this law, any teacher, guidance counselor or sport coach can report their students if their students confide in them with mental health struggles, family personal matters, or if they are struggling academically – even if they are not violent or not showing indications of harming themselves or others. This could especially bar adolescent males from seeking help for fear of stigmatization.