Skip to main content
Image
Front view of the Capitol

Bice, Hudson Urge Removal of Red Flag Law from NDAA

September 29, 2021

Washington, D.C. – Today, Representative Stephanie Bice (OK-05), a member of the House Armed Services Committee, and Representative Richard Hudson (NC-08), along with 157 of their colleagues, sent a letter to the chairmen and ranking members of the House and Senate Armed Services Committees, 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.

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.

“The NDAA is necessary legislation to fund our military and defense, as well as to provide salary and benefits for our soldiers and retirees. It is unfortunate that once again Democrats are doing everything they can to erode the Second Amendment rights of Americans, including those that protect and serve this country, by inserting red flag provisions into this bill,” said Rep. Bice.

“My vote in support of the NDAA was to reject Biden’s efforts to gut our military, to ensure we’re able to stand up to Russia and China, and to begin investigations into the Biden Administration’s disastrous Afghanistan withdrawal, not to remove our military’s Second Amendment rights. I will fight to ensure this provision is stripped from the final version of the NDAA.”

“The National Defense Authorization Act funds our entire Defense Department for the year and included provisions I secured critical for our troops and Fort Bragg. While I was proud to support these provisions, I strongly opposed Democrats once again inserting a section on red flag laws that threaten the Second Amendment rights of our servicemembers,” said Rep. Hudson. "Like last year, I am proud to help lead efforts to ensure these provisions are removed from the final bill as the process continues between the House and Senate. I thank Congresswoman Bice for her leadership on this issue and will continue to do everything possible to support our troops and defend our Second Amendment.”

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 foundhere 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 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.

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.

###