December 8, 2021
The House of Representatives passed a final version of the 2022 National Defense Authorization Act (NDAA) Tuesday night which does not contain the red flag law language present in the original.
The Washington Post reported that the NDAA passed Tuesday by vote of 363 to 70.
Following the vote the NRA tweeted:
BREAKING: U.S. House just passed a revised version of the National Defense Authorization Act (NDAA), which notably DOES NOT INCLUDE unconstitutional red flag laws for military personnel.
The bill now awaits action in the U.S. Senate, which is expected in coming days. Stay tuned.
— NRA (@NRA) December 8, 2021
On September 25, 2021, Breitbart News noted the initial 2022 NDAA legislation passed House with red flag law language applicable to service men and women. The 2022 NDAA contained 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 2022 NDAA. That section was titled, “Authority Of Military Judges And Military Magistrates To Issue Military Court Protective Orders.”
The specific provision would have given 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.
However, Section 529 in the final version of the 2022 NDAA is completely different, dealing with “exemptions and deferments for a possible military draft.”