A bicameral group of Republicans lawmakers is arguing that President Joe Biden's administration is unconstitutionally using its new gun law, the Bipartisan Safer Communities Act (BSCA), to bribe pro-gun states to pass new gun laws.
"The Department of Justice appears to have weaponized the Bipartisan Safer Communities Act to illegally fund ineligible 'red flag' laws and bribe pro-gun states into passing gun confiscation laws," the GOP senators and House Members wrote in a letter last week to top officials of the Biden Justice Department.
"Therefore, we, the undersigned members of Congress, write to you today to demand accountability for the Department of Justice's willful violation of the plain text of the statute, congressional intent, states' rights, and the Bill of Rights.
"The Bureau of Justice Assistance must swiftly correct this gross misuse of Bipartisan Safer Communities Act grant programs and instead respect the Second Amendment and due process rights of American citizens."
The letter — addressed to Assistant Deputy Attorney General of the United States Amy Solomon, DOJ Karhlton Moore, and copied to AG Merrick Garland — seeks answers to 10 questions by Aug. 18.
The GOP lawmakers, led by Sen. Roger Marshall, R-Kan., and Rep. Alex Mooney, R-W.Va., say the Biden administration is funding "controversial extreme risk protection order programs" like the Byrne State Crisis Intervention Program (SCIP) that violates American's "due process" and Second Amendment rights.
"Every 'red flag' gun confiscation law in this nation lacks sufficient and constitutional due process protections for gun owners," the letter read, saying the Biden administration is funding the programs under the BSCA despite "no states" having "revised their statutes to comply with the 'due process' requirements imposed by the 117th Congress."
"Nevertheless, the Bureau of Justice Programs has funded every state that applied with a 'red flag' gun confiscation law on the books without enforcing Congress' 'due process' requirements," the letter continued. "The federal government should have no part in funding state level gun confiscation programs which violate the due process rights of gun owners."
The BSCA has effectively worked "to require or incentivize states to adopt red flag laws," it added.
"It is also unlawful to use federal grants to pay for lobbying efforts to influence the adoption of any legislation or law," the letter, signed by 33 Republicans (including seven senators).
In fact, the Biden administration is creating gun restrictions even in states that do not have red flag laws, including Arizona, Arkansas, Kansas, Minnesota, and West Virginia, according to the GOP lawmakers.
"It appears that this federal bribery program is well underway," the letter concluded.
"The Department of Justice appears to be willing to hand out grant money for gun confiscation to any state that applies — whether or not they have enacted 'due process' protections or even have a 'red flag' law in the first place!"
Eight of the 10 questions seek information from the alleged bribery in Arkansas, Arizona, Kansas, Minnesota, West Virginia, Puerto Rico, Guam, and Virgin Islands. The final two seek information on oversight of the law and the criteria for getting SCIP funds.
Fox News first obtained the letter.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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