Defense Bill Including Red Flag Provision Passes in House with GOP Support

The 2022 National Defense Authorization Act (NDAA) contained in H.R. 4350 passed the U.S. House with Republican support Thursday.

On September 23, 2021, Breitbart News reported that the 2022 NDAA contains a provision authorizing military courts to issue orders restraining military personnel from “possessing, receiving, or otherwise accessing a firearm.”

The provision for prohibiting gun possession is contained in Section 529 of the NDAA. That section is titled, “Authority Of Military Judges And Military Magistrates To Issue Military Court Protective Orders.”

The specific provision gives military courts the authority to prohibit gun possession via protective orders in two ways: 1. By giving the subject of the order an “opportunity to be heard on the order.” 2. By issuing the order ex parte.