Buried deep inside the 30 pages of Colorado’s HB19-1177: “Red Flag” Emergency Risk Protection Orders bill language is one of the most frightening – and unconstitutional – aspects of the proposed legislation. They are creating a new type of search warrant in the state that would be specific to gun owners only: a civil search warrant. This civil search warrant would be issued along with the initial temporary ERPO, meaning the very first contact between law enforcement and the accused would be a search of the home with the goal being to confiscate firearms.
Currently, with very few exceptions, search warrants are only issued for criminal reasons. According to mountains of existing case law, search warrants are granted by convincing a neutral and detached magistrate that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there. Anything that strays from this definition is a blatant violation of the Fourth Amendment.
Considering ERPO’s would be issued based on accusations by a petitioner over the phone with a $0 filing fee and only requires substantial evidence, this new gun-owner-specific search warrant is more than troubling, it is downright dangerous. Especially when factoring in who can petition the court for an ERPO, that being: a family member, a spouse, a girlfriend/boyfriend, an ex-spouse, an ex-girlfriend/boyfriend, a roommate, a former roommate, anyone the accused has been intimate with even if they have never resided together, grandparents, stepparents, stepchildren, step-siblings, and anyone in law enforcement.
The accusations can range from fear someone will harm themselves, or harm others (and not necessarily with a firearm), to simply owning a gun or talking about purchasing one.
I’ve been writing and hitting the airwaves talking about Colorado’s proposed version of a Red Flag Law extensively since the bill was introduced last month, and have said again and again it is one of the most dangerous and overreaching versions I have seen across the country. This new gun-owner-specific civil search warrant is part of the reason. Nevertheless, I decided to research if any other states have anything similar tied in with their Red Flag laws, and came up empty handed. In fact, during my research into civil search warrants, the only examples I could find of them were with intellectual property, and even then they require clear and convincing evidence in order to be granted. HB19-1177 only requires substantial evidence to have the warrant issued, and it is not intellectual property being seized – it is real property that is constitutionally protected under the Second Amendment.
So, what’s the difference between “Substantial” and “Clear and Convincing”?
Substantial Evidence: Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” This level of evidence is often used in administrative cases such as DMV hearings, or determining unemployment benefits.
Clear and Convincing: The clear-and-convincing-evidence standard goes by descriptions such as “clear, cogent, unequivocal, satisfactory, convincing” evidence. Generally, this standard is reserved for civil lawsuits where something more than money is at stake, such as civil liberties.
Scary stuff, right? THIS is why nearly half the counties across Colorado have declared themselves Second Amendment Sanctuaries, with their sheriffs leading the way. Most county sheriffs read this bill and say “No Way”. They understand how unconstitutional it is, as well as how dangerous the outcomes can be for both those being accused and law enforcement officers who will be expected to raid someone’s home based on the same level of evidence needed to approve an unemployment application which can be presented by a scorned lover over the phone for $0.
Fourth Amendment to the United States Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Watch this video to hear the bill proponents and sponsors explain this new search warrant in detail…
What else is so bad about this bill? Well, nearly everything.
This year’s bill is being called an “Emergency Risk Protection Order” or ERPO in an attempt to lose the negative “Red Flag” reputation. It is also being pushed more than ever as being about suicide prevention. Don’t let any of it fool you. The devil is in the details; it’s in the 30 pages of bill language. You can read a complete break down of these 30 pages here, as well as watch a video going through the language line by line.
Here’s what you’ll hear the media say this bill does:
“A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms.”
Here’s what they wont tell you:
• Almost anyone can request an ERPO without even showing their face or providing their address. The definition of “family or household member” is so broad it includes ex-lovers who you have never even lived with! Or someone *claiming* you once had an affair. And even old roommates.
• The initial report and hearing can be done over the phone, all while the accused is completely oblivious proceedings are taking place to have his or her firearms confiscated.
• The first time the accused learns someone has reported them will be when local law enforcement shows up at their door with an order AND a search warrant prepared to raid your home – while the accused never even committed a crime.
• 14 days later is the first time the accused will have a chance to defend themselves against this non-crime.
• The guns will be confiscated for 364 days, during which time the accused only has one opportunity to ask the courts to lift the order.
• There is zero accountability for false accusers. In fact, the filing fee is $0! For comparison, requesting a Temporary Restraining Order in Colorado is $97.
• This bill is being touted as a “suicide prevention” bill, when in fact, the fear of having your firearms confiscated will make people terrified to ask for help when they need it.
• It is so rife for abuse, it can easily be used by someone’s stalker or abuser to have their victim disarmed – legally.
• The ERPO will go on a person’s permanent record EVEN if it is dismissed, meaning it will show up on background checks, etc.
The Right to Keep and Bear Arms must always be defended!
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33 thoughts on “Red Flag ERPO Bill Creates New “CIVIL” Search Warrant Specific To Colorado Gun Owners”
Please do not enact this law which would facilitate illegal search and seizure. The Constitution has been very clear on this and I am positive it would not pass the Supreme Court. Additionally, it should never be enacted by any state as a state exception to the Constitution of the United States.
This gun confiscation thing is”the ol one two punch”. Only the symptoms are being treated here not the disease. I voted for Trump to be clear on things but since I watched The John Birch Society on you tube discuss Trumps NAFTA replacement the USMCA and how it dissolves our borders surrendering up Americas sovereignty you can easily conclude that congress blocking his executive order is theater to cover up what he did. The wall always was and always will be a scam to divide the people. Point is he is bringing us into UN compliance and there is more coming on the gun thing not yet in your view. I would tell you but you would delete my post. The “ol one two punch” is coming, be watching for it. The next swing will place you squarely in the trenches or surrendering.
A Complete Colorado story.
“More counties join Second Amendment Sanctuary movement; recall efforts beginning to take shape“
ALL THE WAY TO DC OR BUST!!!!!
Let us not forget lil Marco’s federal Red Flag.
Letting this slide now and we”ll be fighting them in the trenches and at our doors at 4 am. Better stand up now.
When it comes to gun control, JUST SAY NO!
Red Flag those who support Red Flags. See how they like it, put em on a petition for removal.
I REFUSE TO COMPLY!
Every wonder who these politicians who don’t work for America work for?
Hint: their boss’s credit cards are in your pocket and they own your mortgage.
Voltaire said to know who rules you look for who you are not allowed to speak against.
Treat the disease to be cured not the symptom.
People here say it is a holocaust disguised as gun confiscation and there is gun fire in every direction all day long as they prepare.
Prove them wrong.
Seems they know history enough to recognize reliving it.
Did you see Trump talking with Pelosi a few months ago at the White House giving her his okay for her to sneak a ban on all semi automatic firearms into some kind of health care legislation she was writing?
Not what he promised and not what I voted for.
They are ALL in a rampage to toss the Constitution so their new authoritarian government can reign. I’ve watched many hours of congressional Mumbo jumbo that I should be getting paid to suffer through where they state “the new authoritarian government” openly. Though you’ll not find a word of this anywhere at least not to my knowledge. Well, except on that Alex Jones clip where he is harassing Lil Marco in the halls of Congress calling Marco “a frat boy” there is a woman in the congressional chambers on that AJ clip that states what I just said “The new authoritarian government”. Find that clip and hear it for yourself.
Authoritarian government translates to: World government aka The New World Order.
You know, what we thought we voted against.
This Senator tells what every patriot should know in order to prevent yet another case in futility as history once again repeats itself.
Which Constitution are going by?
Which Constitution are (you) going by?
Personally I resent being kidnapped against my will so I’m going by the 1st (organic) Constitution because to go by the 2nd (corporate charter fraudulent) Constitution is to admittedly support tyrany and besides they can do as they please under the corporate charter version. Corporate law and Constitutional law are 2 entirely different things. I as a kidnapped patriot owe no alliegence to corporate tyrany only to the the organic law of the land Constitution.
Case in point.
Colorado AG says Red Flag constitutional and must be upheld as Colorado picks and chooses which laws they abide by at will of which way the wind blows with no consideration of constitutional rights.
If this does not appear authoritarian then what does?
Once some counties drag this into the Supreme Court and it is ruled constitutional like the magazine ban perhaps we’ll see we have been set up, again.
Heck anything is constitutional if they deem is so when useing the corporate charter version. That’s the beauty of it aka authoritarianism.
The Colorado AG is a wimp. Seen his campaign commercials?
A girlie man.
Never spent a day in the courtroom. A professor.I
I won’t listen to a can thing he says.
Another far left socialist
Do not let these tyrannical , authoritarian socialists seeking to destroy our Constitution convince you that YOU are to blame for the actions of others merely because you possess property similar to theirs.
Collective guilt and punishment is a fascist concept.
YOU were left the legacy of the FOUNDERS,
The Bill of Rights.
Ignore their propaganda.
I agree with Richard, endorse his posts even.
Mike Adams aka The Health Ranger did a story written by him and released on Infowars where he said we are entering a holocaust and he gave a few reasons followed by some instruction on how to prepare. That instruction included arming up not down. He says they’re coming. Old folks and many others are already dealing with this because it has already begun. It’s not that it’s coming but here already and gaining momentum. The clock is ticking unfortunately and peaceful people like myself hope for continued peace but then I turn on social media and laugh at my ignorance. Apparently I’m a dreamer. Lol.
Nancy says millions will die, heed the warning.
My reports on gestapo should not be taken lightly because they are a fact.
The days of common sense prevailing are apparently over. Now they’re switching to communism and you will never make sense of it because it makes none. Like Richard stated collective persecution coming/here.
Watch history repeat itself.
How many people has socialism killed?
Nancy knows what she is talking about when she says “prepare for violence” and “millions will die”.
Video of Bernie on FB praising the communist countries in the video above does actually confirm their (their = ALL of them) plan of transformation of America.
First they were able to take guns from violent offenders then they expanded to taking guns from nonviolent offenders then they expanding to taking guns from people who want to adopt a child etc now they expand to taking guns from those who may hurt somebody when anybody deems confiscation must occur with full blown gun registration coming for the purpose of mass confiscation of all arms.
Looks like USA is very rapidly joining the ranks of those countries in the video while I hear people say, “oh, that can’t happen in America we have rights”.
Like he said “sit back and enjoy the show, you will see things happen you never saw happen before in this country”. And it won’t be the arrests of traitors that everyone was told (scammed) about either.
Time to awake.
House Democrats,228 of them, voted last week to allow non citizens and illegal aliens to vote in municipal elections.
That party is moving in many states to destroy the US Constitution Electoral College.
That party, in most states , is coming from every legislative and propaganda angle possible, to destroy the Second Amendment.
That party is openly embracing socialism, and not some mild form.
It is one which seems to shut up any opposition.
The media refuse to cover all the above in any meaningful, objective way.
Doubt the last sentence?
Imagine if a Republican state gov attempted to ram through a piece of legislation like SB181, directly opposite in the intent of thevote of the people last November. I
The media would be howling.
Article 4 Section 4 of the US Constitution guarantees every state ” a republican form of government”.
Co equal branches of power under the rule of law, the supreme law of which is contained in the federal and state constitutions. Past Supreme Courts have ruled that all laws contrary to these documents are null and void.
Remember all of the above in the coming days.
If these socialists gain more power in the coming years, you will see them attempt to sweep more liberties into the dustbin, as long as you remain silent.
And since laws contrary to the writing contained in the Constitution of which We The People can clearly decypher for ourselves without some supreme authoritarian to tell us their twisted interpretations of such comes the inevitable question of compliance. Compliance = acceptance.
Personally, I didn’t get on the list for compliance though I am still a peaceable person I will not comply to unconstitutional laws. There is no text in the Constitution that demands I do so. The Supreme Court has ruled many times that We The People are not obligated to adhere to unconstitutional laws that they are by defect null and void. The Constitution is the supreme law of the land as no other supersedes it. Prepare to NOT COMPLY.
Preparing to leave the Custer County rifle range 500 rounds lighter. Headed into town for a steak. When Ocasio bans meat these good ol boy ranchers WILL NOT COMPLY in solidarity and we’ll remain consuming meat even if we are criminals for doing so. Custer is the new USA for people who like self defense and food but there isn’t any city slicker services here. Perhaps that adds to why it’s good and still the USA here. It’s quite safe here due to everyone being armed and friendly as it is supposed to be. Don’t see any of Nancy’s angels here. Just meat eaters with guns. 🤠
Just consider how a concealed carry permit (defacto gun registration) can be used against you as evidence under this bill. Looks like all that abiding the law has teeth that bite back not that being lawless is the right thing to do but to what extent does our obedience require us to incriminate ourselves is the obvious legal dilemma. 5th Amendment will abolish concealed carry licenses once bill passes due to that you are not legally required to present evidence against yourselves. That’s why murders don’t register their guns or get permits?
Just found the picture of the New Zoolander shooter and he is not a white nationalist. He is ISIS.
Don’t believe the propaganda being deployed against us. Let me know if you want the picture I’ll be happy to forward it to anyone.
It is my independent opinion that the New Zooland shooting is the first with others to follow and is why they want the guns and are labeling us as nationalists to create further division is society. That speaking us down, disarming us and driving us into submission so we will not defend our lives when they attack themselves then blame us and launch attacks on us in retaliation for what they have done and that is when the training camps will be released upon us in coordinated fashion. Barry said on Twitter a couple nights after Orland to surrender our guns and they would stop attacking us and we didn’t surrender. Mike Adams said it best when he said to not only have your small arms strapped on but to have your rifle close with back up munitions (BUM’s) and be ready to fight because one is coming. Our 2A has been collecting dust and Nancy says time for spring cleaning. They seek to criminalize us while attacking us so they can select winners and losers at the will of globalist agenda. To eliminate those who obey the Constitutional rule of law as the plain English text states not that fake version they operate by aka the corporate charter version of corrupted nonsense.
This is why they disarm Americans while arming Islam like the Broward cowards who are on you tube arming them in mosques telling them it is their constitutional right to carry concealed firearms without a permit insisting that they do so and for the record I’m not anti anybody except those who seek to do me or mine harm and even to that point I am not personally offended.
Arming them up and us down allows for a holocaust of premeditated desired results.
Read some American history and remember our roots.
A 232 Year History of our fight against Islam…………..
When Thomas Jefferson saw there was no negotiating with Muslims, he formed what is now the Marines (sea going soldiers). These Marines were attached to U. S. Merchant vessels. When the Muslims attacked U.S. merchant vessels they were repulsed by armed soldiers, but there is more.
The Marines followed the Muslims back to their villages and killed every man, woman, and child in the village.
It didn’t take long for the Muslims to leave U.S. Merchant vessels alone.
English and French merchant vessels started running up our flag when entering the Mediterranean to secure safe travel.
Why the Marine Hymn contains the verse, “To the Shores of Tripoli “.
This is very interesting and a must read piece of our history. It points out where we may be heading.
Most Americans are unaware of the fact that over two hundred years ago the United States had declared war on Islam, and Thomas Jefferson led the charge!
At the height of the 18th century, Muslim pirates (the “Barbary Pirates”) were the terror of the Mediterranean and a large area of the North Atlantic .
They attacked every ship in sight, and held the crews for exorbitant ransoms. Those taken hostage were subjected to barbaric treatment and wrote heart-breaking letters home, begging their governments and families to pay whatever their Mohammedan captors demanded.
These extortionists of the high seas represented the North African Islamic nations of Tripoli, Tunis , Morocco , and Algiers – collectively referred to as the Barbary Coast – and presented a dangerous and unprovoked threat to the new American Republic .
Before the Revolutionary War, U.S. merchant ships had been under the protection of Great Britain . When the U.S. declared its independence and entered into war, the ships of the United States were protected by France.
However, once the war was won, America had to protect its own fleets.
Thus, the birth of the U.S. Navy. Beginning in 1784, 17 years before he would become president, Thomas Jefferson became America’s Minister to France. That same year, the U.S. Congress sought to appease its Muslim adversaries by following in the footsteps of European nations who paid bribes to the Barbary States rather than engaging them in war.
In July of 1785, Algerian pirates captured American ships, and the Dye of Algiers demanded an unheard-of ransom of $60,000. It was a plain and simple case of extortion, and Thomas Jefferson was vehemently opposed to any further payments.
Instead, he proposed to Congress the formation of a coalition of allied nations who together could force the Islamic states into peace. A disinterested Congress decided to pay the ransom.
In 1786, Thomas Jefferson and John Adams met with Tripoli’s ambassador to Great Britain to ask by what right his nation attacked American ships and enslaved American citizens, and why Muslims held so much hostility towards America, a nation with which they had no previous contacts.
The two future presidents reported that Ambassador Sidi Haji Abdul Rahman Adja had answered that Islam “was founded on the Laws of their Prophet, that it was written in their Quran that all nations who would not acknowledge their authority were sinners, that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as prisoners, and that every Musselman (Muslim) who should be slain in battle was sure to go to Paradise.”
Despite this stunning admission of premeditated violence on non-Muslim nations, as well as the objections of many notable American leaders, including George Washington, who warned that caving in was both wrong and would only further embolden the enemy, for the following fifteen years, the u\American government paid the Muslims millions of dollars for the safe passage of American ships or the return of American hostages.
The payments in ransom and tribute amounted to over 20 percent of the United States government annual revenues in 1800.
Jefferson was disgusted. Shortly after his being sworn in as the third President of the United States in 1801, the Pasha of Tripoli sent him a note demanding the immediate payment of $225,000 plus $25,000 a year for every year forthcoming.
That changed everything.
Jefferson let the Pasha know, in no uncertain terms, what he could do with his demand. The Pasha responded by cutting down the flagpole at the American consulate and declared war on the United States.
Tunis, Morocco, and Algiers immediately followed suit.
Jefferson, until now, had been against America raising a naval force for anything beyond coastal defense, but, having watched his nation be cowed by Islamic thuggery for long enough, decided that it was finally time to meet force with force.
He dispatched a squadron of frigates to the Mediterranean and taught the Muslim nations of the Barbary Coast a lesson he hoped they would never forget. Congress authorized Jefferson to empower U.S. ships to seize all vessels and goods of the Pasha of Tripoli and to “cause to be done all other acts of precaution or hostility as the state of war would justify”.
When Algiers and Tunis, who were both accustomed to American cowardice and acquiescence, saw the newly independent United States had both the will and the right to strike back, they quickly abandoned their allegiance to Tripoli.
The war with Tripoli lasted for four more years, and raged up again in 1815. The bravery of the U.S. Marine Corps in these wars led to the line “to the shores of Tripoli” in the Marine Hymn, and they would forever be known as “leathernecks” for the leather collars of their uniforms, designed to prevent their heads from being cut off by the Muslim scimitars when boarding enemy ships.
Islam, and what its Barbary followers justified doing in the name of their prophet and their god, disturbed Jefferson quite deeply.
America had a tradition of religious tolerance. In fact Jefferson, himself, had co-authored the Virginia Statute for Religious Freedom, but fundamentalist Islam was like no other religion the world had ever seen.
A religion based on supremacy, whose holy book not only condoned but mandated violence against unbelievers, was unacceptable to him.
His greatest fear was that someday this brand of Islam would return and pose an even greater threat to the United States .
This should concern every American. That Muslims have brought about women-only classes and swimming times in America at taxpayer-funded universities and public pools; that Christians, Jews, and Hindus have been banned from serving on juries where Muslim defendants are being judged; Piggy banks and Porky Pig tissue dispensers have been banned from workplaces because they offend Islamist sensibilities; ice cream has been discontinued at certain Burger King locations because the picture on the wrapper looks similar to the Arabic script for Allah; public schools are pulling pork from their menus; on and on and on and on..
It’s death by a thousand cuts, or inch-by-inch as some refer to it, and most Americans have no idea that this battle is being waged every day across America. By not fighting back, by allowing groups to obfuscate what is really happening, and not insisting that the Islamists adapt to our culture, the United States is cutting its own throat with a politically correct knife, and helping to further the Islamists’ agenda.
Sadly, it appears that today America’s leaders would rather be politically correct than victorious!
IF YOU DO NOT REMEMBER THE PAST, YOU ARE DOOMED TO REPEAT IT.
History is such that it proves a continual back and forth from authoritarianism, to rebellion against it, to liberty, prosperity, to eventual complacency, back to authoritarianism. The mistake the lovers of absolute power make, is that control of the human spirit always fails, people eventually awake to the true meaning of their designs.
At some point it will happen here, again.
The key is to let them make the first major blunder in their attempt to shackle us and remove our freedoms, giving us the moral high ground.
There is a movement beginning to place on the ballot a vote to remove Polis design to destroy the Electoral College.
Look it up and paticipate.
Use legal means to force their hand at more despotic means, for they will ,if enough people resist.
As socialists attack rights unconstitutionally, attack natural gas = prices will go up dramatically to the point of shortage/turned off, attack gasoline engines in cars saying they must get a minimum of 35 miles to a gallon, attack coal production and electric plants raising the price so it can’t be afforded to eventually shut it off, shut grocery stores, trucking etc people will still for the most part not understand why it is happening.
Having lunch my friend the Evergreen Colorado banker and he says those people’s accounts are drained now at the end of the month that they are essentially bankrupt right now. They’re cleaning out their homes of all that stuff they bought that suddenly they really don’t need and taking it back to return for cash. They don’t want the purchases put back on the. Fedora card they used at purchase. Some are actually returning purchases 10 years old according to a friend that works where those returns are being returned. Those eletists can no longer hire professional home services and attempting that work unsuccessfully on their own. These eletists can no longer carry on an intelligent conversation and be friendly due to their new financial dilemma wiping them out. They’re hostile and totally belligerent as their ship goes down. All those fancy motorcycles, cars and lifestyles of luxury are being smashed into rubble and they still hate real Americans with a passion. They’re getting what they voted for and want more of it so they can blame us.
When you encounter one do as I do and take a big 2 steps back as if they have the plague so if they explode you will be a safe distance and hopefully the blast will remain contained within themselves.
Yeah, everything is just fine in the good ol USA “nothing bad can happen here, we have rights”. I been hearing for “they” are invincible while eating food from a store bought freezer bag with no clue of how it even got in the bag, where it came from or how it got to the grocery store. So yeah let’s just shut everything down those freezer bags will never ever stop being on the shelf at the grocery store because we have rights.
Personally. I say watch now at what happens when these things given to take control are taken back.
Nobody sells guns like a politician. Don’t believe me? Go to Cabelas today at 2:00PM and go see how many people are buying guns due to the Red Flag holocaust. Disabled folks in wheelchairs buying those flatter style ones they can sit on comfortably. Barry sold a lot of them also. Most people there already have lots of guns but buying more guns. Magazines too. Ammo.
It’s good that sensible people apparently know enough history to understand what is going on.
GOD Bless them.
And NEVER EVER get a permit or register a firearm FOR ANY REASON!!!!!!!!!!
Stop drinking that dang Koolaid.
Is why every single person on our screens pushes gun licenses to produce evidence against gun owners for purpose of gun confiscation. There is no language in 2A requiring licenses to posses or carry.
Founding fathers were too smart for that trick.
Was no Koolaid back then.
Founding fathers understood that rights issued by GOD through life granted by his almighty authority couldn’t be taken by authoritarians because they are inalienable and derived from nature so they enshrined these rights in The Bill of Rights to draw the line in the sand and ultimately wave a “Red Flag” in front of the raging bull (tyrant) to lure them out for all to see and look how well it’s working look how brilliant our founders were. They’re not rolling over in their graves today, they’re celebrating a perfectly laid plan.
George Washington said we must revolt every 20 years or so to keep our country healthy and, well, look how we’re long over due and note that we are only just beginning to reclaim our heritage. Our destiny is not bleak, it is bright. We will stand and claim our rights as those before us.
Huerfano County just passed 2A sanctuary resolution!
Adegoke O. Adebayo on FB says,
“To the infidels of the West, the constitution for the new Islamic republics of Euro-Arabia and Ameri-Islamist is under construction.
We will fight you infidels to the death while your own laws protect us.
NGO’s will legitimize us. Your Democrats and news media will support us. CAIR will incubate us. The ACLU will empower us. Western universities will educate us for free. US mosques will shelter us.”
Do you think perhaps this is why they want to take guns from Americans?
Even though “that can’t happen in America, we have rights”.