Congressman Webster Urges Removal of Red Flag Law from NDAA

Washington, DC – Florida Congressman Daniel Webster, R-Clermont, joined Rep. Stephanie Bice (R-OK) and 158 colleagues in sending a letter to the Chair and Ranking Members of the House Armed Services Committee urging the full removal of a “red flag” provision in H.R. 4350, the House National Defense Authorization Act (NDAA) during the conference committee process with the Senate. Rep. Webster voted against H.R. 4350 in the House because of the inclusion of this language.

The letter expresses deep concern that if Sec. 529 of the NDAA were to be enacted, the Second Amendment rights of U.S. military servicemembers would be violated by allowing military judges and magistrates to issue military court gun confiscation orders. Such orders could be issued on an ex parte basis, without the servicemember even being present in court to defend themselves. 

“I oppose inclusion of this red flag provision within legislation intended to support our military and defense.” Rep. Webster said. “I have the utmost respect for our servicemembers. This provision threatens to unduly strip them of their arms while simultaneously disregarding due process. This is another example of Democrats’ attempts to unjustly deprive Americans of their second amendment rights.”

The members wrote: “…Even more concerning, under this provision, such an order could be issued by a military court on an ex parte basis – meaning the order could be issued without the servicemember even being present in court to defend themselves. We believe this is a serious breach of due process that demands your full attention.

They continued: “…Every single day, brave American servicemembers serve in harm’s way to defend our nation, our way of life, and the very constitutional rights that Sec. 529 would erode. This dangerous provision must be excluded from the final package.”

The full text of the letter can be found here and below:

Dear Chairman Smith, Ranking Member Rogers, Chairman Reed, and Ranking Member Inhofe:

As you begin the conference committee process to reconcile the House and Senate versions of the National Defense Authorization Act (NDAA) for Fiscal Year 2022, we write to strongly urge you to strike Sec. 529 of the House version, H.R. 4350. We are greatly concerned that if enacted, Sec. 529 would violate the Second Amendment rights of our nation’s brave servicemembers by allowing military judges and magistrates to issue military court gun confiscation orders.

Even more concerning, under this provision, such an order could be issued by a military court on an ex partebasis – meaning the order could be issued without the servicemember even being present in court to defend themselves. We believe this is a serious breach of due process that demands your full attention.

Every single day, brave American servicemembers serve in harm’s way to defend our nation, our way of life, and the very constitutional rights that Sec. 529 would erode. This dangerous provision must be excluded from the final package. Again, we ask for your support to strike Sec. 529 of H.R. 4350 from the final conference report of the FY 2022 NDAA. Thank you for your attention to this important matter and please don’t hesitate to contact us with any questions. 

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