MIL-OSI USA: Congresswoman Claudia Tenney Expresses Strong Opposition to Red Flag Provision in Defense Bill


Source: United States House of Representatives – Congresswoman Claudia Tenney (NY-22)

Washington, DC – Congresswoman Claudia Tenney (NY-22) today announced her strong and continued opposition to the inclusion of a red flag provision in the annual defense authorization bill. 

Tenney joined 160 of her House colleagues in sending a letter to the House and Senate Armed Service Committee Chairs and Ranking Members requesting that Sec. 529 be removed from the National Defense Authorization Act (NDAA). This provision would allow the military court on an ex parte basis to take a service members Second Amendment right away without due process. 

Leading up to consideration of the House-passed NDAA earlier this month, Congresswoman Tenney advocated strongly for the provision’s removal. She received an assurance from House and Senate leaders that this provision would not be included once the bill is reconciled between the House and Senate, which will happen later this year. She will hold congressional leaders to this commitment. 

Full text of the letter can be read below or found here.

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.