Robert B's Email to Senator Marco Rubio

03/20/2021 14:30

I gave you a grade of B.  You can rapidly upgrade it to an A by withdrawing your supoort for a federal red flag law.



"Any society that will give up a little liberty to gain a little security will deserve neither and lose both." - Benjamin Franklin

20 March 2021


Dear Senator Rubio:


For many years, the enemies of American liberty have wanted two evil things: the ability to shut down gun sales, and the ability to selectively confiscate guns their political opponents have already bought.  Universal background checks will give them the one, and a nationwide red flag law will give them the other.


If every gun sale must be subject to a background check, all gun sales can be stopped by simply shutting down the National Instant Check System.  Our right to purchase guns can be totally erased by a simple mouse click.  This is not a hypothetical possibility; it has already occurred; I have seen it myself.  Years ago, when I worked behind the gun counter at the Bass Pro Outdoor World store in Orlando, we were prevented from selling guns for three days because NICS went offline.  Suspiciously, the NICS outage occurred just before the largest gun show in the country opened in Arizona. 


It is a fact that background checks almost always invade the privacy and abridge the liberties of honest citizens, and do little or nothing to stop crime.  Most of the time, background checks are conducted on people who already own guns, and who therefore already have the potential to commit gun-related crimes.  About 95% of the time, the sale is approved.  About 90% of NICS denials are false and are subsequently reversed.  I have run many NICS checks; I know these assertions to be true.  Virtually all the effort to run such redundant background checks is wasted on law-abiding citizens who have never committed crimes and have no intention of ever doing so.  In my own case, I have passed 19 background checks for the purpose of gun purchase, three background checks for issuance and renewal of my concealed carry permit, and eight Federal background checks for issuance/renewal of security clearances – a total of 30 background checks.  In addition, I am an NRA-certified firearms instructor.  How many more demeaning and intrusive inquisitions must I endure before I am considered worthy to exercise one of my Constitutional rights?


Frankly, at this point it is painfully obvious that NICS negatively impacts the law-abiding more than the criminal element.  It also profoundly threatens American liberty.  NICS should be forever abolished.  No citizen must ever be required to obtain government permission before exercising any of their Constitutional rights.


Red flag laws are even more onerous than background checks.  Under a red flag regime, a person's guns can be confiscated preemptively, based on anonymous accusations and/or suspicions about what they might do in the future, rather than what they are known to have already done.  This is a total inversion of due process; the accused is presumed guilty until they can prove themselves innocent.  In practice, this can never be accomplished; it is by definition impossible to prove a negative.  Almost no one has the money, time, or other resources to fight the federal government.  Federal prosecutors have a 92% conviction rate.  It has been truly said that “a federal prosecutor can convict a ham sandwich for not being Kosher”.  By contrast, in a free society, private property can be taken and liberty can be abridged only as punishment for actual crimes of which the accused has been duly convicted in accordance with full due process of law.  Red flag laws totally violate this foundational principle of justice.


In today’s authoritarian climate, a federal red flag law will quickly devolve into a powerful weapon of political oppression.  Preemptive law is lethal to liberty.  Already, activists on both sides of the political spectrum are threatening to file risk protection orders against each other.  Never forget that leftists want all guns confiscated, and consider all conservative Republicans and devout Christians to be mentally ill.  Even you, Senator Rubio.


No government can be trusted with such vast, arbitrary power!


Do not give our leftist enemies such powerful weapons to use against us in the future.


Frankly, I am outraged that the reaction to mass shootings and other violent crimes always focuses on violating the rights and abridging the freedoms of the law-abiding, rather than keeping dangerous offenders off the streets.  Guns do not aim themselves nor pull their own triggers.  The problem is the criminal behind the gun.  Focus on criminals, and leave honest Americans alone.


We elected you to protect our freedom, not undermine it.


There is no chance that I will vote for a Democrat.  However, if you do not withdraw your support for a federal red flag law, there is a rapidly increasing chance that I will write in someone who can be trusted to defend American liberty.


As my Dear Old Dad, the World War II vet often said, “The only thing worse than an enemy is an enemy collaborator”.


I desire and expect a thoughtful response to this letter.




Robert W. Baldwin

P.O. Box 727

Lake Alfred, FL 33850

[email protected]


“It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt.”

- John Philpot Curran: Speech upon the Right of Election, 1790


"The constitutions of most of our States assert that all power is inherent in the people; that they may exercise it by themselves in all cases to which they think themselves competent, or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press."


President Thomas Jefferson


"The preservation of a free government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment exceed the commission from which they derive their authority, and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves." 


James Madison, "Father of the U.S. Constitution" and 4th President of the United States






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