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California Will Take Your Guns

mikevmikev Posts: 10,822 AG
Without notice, without cause, and for 21 days.


Article:

Under a new law effective New Year’s Day, California cops can now seize guns from law-abiding Americans without charges and without giving any notice.

And police can keep those firearms for 21 days under the law known as AB 1014.

If family members believe a gun-owning individual is a danger to themselves or someone else, police may acquire a temporary “gun violence” restraining order from a judge, KPCC public radio reported.

California Gov. Jerry Brown signed the law after the 2014 shooting by Elliot Rodger near the University of California, Santa Barbara. Rodger, 22, killed six people and injured 14.

Before his May 23 shooting spree, Rodger’s parents claim they expressed concern about their son’s mental state and chilling online diatribes about women.

In his last YouTube video before the shooting, Rodger stated in what appeared to be prepared remarks: “If I had it in my power, I would stop at nothing to reduce every single one of you to mountains of skulls and rivers of blood, and rightfully so.”

Police officers who visited his apartment three weeks before the spree. Rodger’s therapist and mother had told authorities they were concerned about videos the man had posted online. But the officers – who never viewed Rodger’s videos – determined he wasn’t a threat to himself and, therefore, didn’t search his apartment or determine whether he owned guns.

“In the case of the Isla Vista shooter, Elliot Rodger, his mother was noticing that he was becoming more agitated and making these threats of violence, but there was little she could do and little the police could do,” said Democratic Assembly member Nancy Skinner of Berkeley, who introduced the bill in 2014 along with Santa Barbara Democrat Das Williams.

As of Friday, California’s new law would enable a judge to issue a restraining order against a gun owner based on accounts from family and police.

“The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will,” Los Angeles Police Department Chief Michael Moore told KPCC. “It allows further examination of the person’s mental state.”

A gun owner may challenge the decision three weeks after the firearms are confiscated.

“It’s a short duration, and it allows for due process,” Moore contends.

The law also requires the California court to notify the Department of Justice when any gun violence restraining order has been issued, renewed, dissolved or terminated.

The state already bans citizens from owning firearms if they have committed violent crimes or were involuntarily committed to mental health facilities. Law-enforcement authorities are also permitted to confiscate guns if a licensed therapist says the owner is a danger to the safety of himself or others.

Moore told KPCC the new firearms restraining order is comparable to a domestic violence restraining order because no conviction is needed.

“It’s an opportunity for mental health professionals to provide an analysis of a person’s mental state,” he said, adding that he doesn’t expect “tremendous” use of the new restraining orders by authorities.

Meanwhile, gun-rights advocates are up in arms over the new law.

Same Paredes, executive director of Gun Owners of California, told the Associated Press: “We don’t need another law to solve this problem. We think this just misses the mark and may create a situation where law-abiding gun owners are put in jeopardy.”

Charles H. Cunningham, a director with the NRA’s Institute for Legislative Action, wrote, “Without a doubt, AB 1014 is one of the most egregious violations of civil liberties ever introduced in the California Legislature.”

And in 2014, Dr. Jason Kissner, associate professor of criminology at California State University, Fresno, called the legislation “the most draconian and flagrantly unconstitutional bill in the state’s, and maybe even the nation’s, history.”

Kissner warned “victims of this proposed law might have no idea they have even been targeted until police show up at the door, conceivably in the middle of the night …”


Read more at http://www.wnd.com/2015/12/new-law-lets-cops-confiscate-guns-without-notice/#wt4w8rXSW08C0Sw1.99
"The only people that tell you it can't be done are the people who haven't done it themselves."
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Replies

  • mississippi macmississippi mac Posts: 4,222 Captain
    it is a draconian measure, no doubt....
    i'm sure the law will be challenged and perhaps overturned...

    playing the "devils advocate" now...
    how many people from both sides of the aisle have wondered what can be done to keep nut jobs from acquiring arms and participating in mass shootings???

    this law would seem a step in the right direction....

    let's step back and get some perspective on this issue...
    just sayin'....

    as you were.....
    [SIGPIC][/SIGPIC]
    The Real White Dog

    if you can't catch a fish...catch a buzz....
    #12976, joined 8-17-2002
  • mikevmikev Posts: 10,822 AG
    Excellent points. I honestly think it really takes us to the mental health issue. That's the hardest about this whole debate isn't it?

    If our society could figure that out, we would be far better off. At least I'd like to think so.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • phlatsphilphlatsphil Posts: 14,632 AG
    So it's really not the cops, it's a judge who, through due process, can order your guns be temporarily confiscated.

    Sounds like a good plan, but the FIRST thing that must happen is a general population willing to "get involved" when the need arises. Don't we all wish someone had seen or suspected something wasn't quite right and reported same before one of the last few dozen mass shootings? If only the parents of teen aged shooters had been paying attention, if only a coworker had said something to someone.....

    I know, I know, I know... it's George Orwell's wildest dream come true... the "thought police".... being watched by friends, neighbors and relatives. Hey, it's a neighborhood watch extraordinaire!!! :)

    Seriously, though, freedom comes with a price. I guess the price we pay is more and more wackos shooting up schools and malls.

    Our acceptance of these horrific events has become like a herd of Wildebeests.... they see one of the herd being culled out and attacked by lions, they watch for a minute, then shrug their shoulders and move on. Meh.
  • Plan SeaPlan Sea Posts: 5,453 Officer
    JHC Mike what is with you and old news?

    This was signed by Gerry in Sept 2014
    http://www.latimes.com/local/political/la-me-pc-california-jerry-brown-gun-seizures-20140929-story.html

    Desperate times for the Gun Nutz?
    And with out notice? with out cause?

    The legislation approved by the governor allows law enforcement officers or family members to ask a court for a restraining order against a person believed to be a threat, barring his or her possession of firearms for 21 days.

    Being served a RO is notice
  • theglide96theglide96 Posts: 767 Officer
    Like a Baker Act for guns. Or Marchman Act.
  • mikevmikev Posts: 10,822 AG
    In the article, it does indeed say that not only did the therapist notice, but so did the family. I think my main concern with that (if I lived in CA) is the word "believe". That's pretty hard to nail down right there.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • mikevmikev Posts: 10,822 AG
    Plan Sea wrote: »
    JHC Mike what is with you and old news?

    This was signed by Gerry in Sept 2014
    http://www.latimes.com/local/political/la-me-pc-california-jerry-brown-gun-seizures-20140929-story.html

    Desperate times for the Gun Nutz?

    It takes effect Friday. That OK with you that I post it? Or do I need to scour everything on the internet and post it on your time frame?

    And why don't you try and ad something constructive to a thread for once? Everyone else so far has on this thread.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • Mister-JrMister-Jr Posts: 27,760 AG
    mikev wrote: »
    In the article, it does indeed say that not only did the therapist notice, but so did the family. I think my main concern with that (if I lived in CA) is the word "believe". That's pretty hard to nail down right there.

    You're not ready for California.

    :grin
    Vote for the other candidate
  • mikevmikev Posts: 10,822 AG
    Mister-Jr wrote: »
    You're not ready for California.

    :grin

    That is in no way an understatement. Mister speaks the truth!
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • mikevmikev Posts: 10,822 AG
    Plan Sea wrote: »
    Being served a RO is notice

    About as much notice as you receiving a speeding ticket. So yes, you're right, the article is wrong.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • Plan SeaPlan Sea Posts: 5,453 Officer
    mikev wrote: »
    It takes effect Friday. That OK with you that I post it? Or do I need to scour everything on the internet and post it on your time frame?

    And why don't you try and ad something constructive to a thread for once? Everyone else so far has on this thread.

    Mike, we already knew when it took effect waaaaay back in 2014 is there a reason why this has to be discussed now? Do have an agenda you would like to tell us?

    And as for "adding something" I pointed out your farse of" w/o notice or cause". Judges don't sign restraining orders because they have nothing better to do
  • mikevmikev Posts: 10,822 AG
    Plan Sea wrote: »
    Mike, we already knew when it took effect waaaaay back in 2014 is there a reason why this has to be discussed now? Do have an agenda you would like to tell us?

    And as for "adding something" I pointed out your farse of" w/o notice or cause". Judges don't sign restraining orders because they have nothing better to do


    We? You speak for everyone now? Good to know. No agenda. No notice, and no charges. Better? Maybe FS should have a section where people can post ideas and then you can review those ideas to see if they fit your agenda, your time frame and your viewpoint. That would be great.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • Plan SeaPlan Sea Posts: 5,453 Officer
    mikev wrote: »
    We? You speak for everyone now? Good to know. No agenda. No notice, and no charges. Better? Maybe FS should have a section where people can post ideas and then you can review those ideas to see if they fit your agenda, your time frame and your viewpoint. That would be great.

    We as in the educated public that understands a calendar, rule of law and being served a court order as notice and cause, just them Mike

    Like I posted, this is old news, Cali can and will take your guns under court order, now what does Trump say about it?
  • mikevmikev Posts: 10,822 AG
    I give up. You win.
    "The only people that tell you it can't be done are the people who haven't done it themselves."
  • Plan SeaPlan Sea Posts: 5,453 Officer
    mikev wrote: »
    I give up. You win.

    Nothing to win Mike, you lost everything of validity in your first sentence. I just pointed it out.

    This is our representative style government at work. Don't like it change it.
  • mississippi macmississippi mac Posts: 4,222 Captain
    Plan Sea wrote: »
    We as in the educated public that understands a calendar, rule of law and being served a court order as notice and cause, just them Mike

    Like I posted, this is old news, Cali can and will take your guns under court order, now what does Trump say about it?

    I didn't know about the law until Mike pointed it out...
    I just don't have the time, or really care about every minutia of news that occurs world wide in a 24 hour period...
    I imagine Mike may be the same so trying to paint him as "news challenged" is a little over the top...

    however, i'd like to know what tRump does think about it, or if he is even aware of the law...

    that is all...
    [SIGPIC][/SIGPIC]
    The Real White Dog

    if you can't catch a fish...catch a buzz....
    #12976, joined 8-17-2002
  • Plan SeaPlan Sea Posts: 5,453 Officer
    I didn't know about the law until Mike pointed it out...
    I just don't have the time, or really care about every minutia of news that occurs world wide in a 24 hour period...
    I imagine Mike may be the same so trying to paint him as "news challenged" is a little over the top...

    however, i'd like to know what tRump does think about it, or if he is even aware of the law...

    that is all...

    Mac, this is old news, I never challenged the guy just stated facts and disproved his assertion. Sorry but when you post falsehoods expect to be called out on it.

    It astounds me how they want Gov't to stay out of their lives but constantly complain about the governments of NY and CA when they have no effect on them nor are mandated to live there. Getting old
  • NACl H2O LuvrNACl H2O Luvr Posts: 12,389 AG
    Plan Sea wrote: »
    It astounds me how they want Gov't to stay out of their lives but constantly complain about the governments of NY and CA when they have no effect on them nor are mandated to live there. Getting old


    Psst.....I'll let you in on a little secret.....if a topic/thread doesn't interest you......You don't Need to keep clicking on it, nor commenting.
  • GardawgGardawg Posts: 10,013 AG
    How can California take my guns?

    I'm not in California.
    “Today a young man on acid realized that all matter is merely energy condensed to a slow vibration, that we are all one consciousness experiencing itself subjectively, there is no such thing as death, life is only a dream, and we are the imagination of ourselves.

    Heres Tom with the Weather.”
  • Plan SeaPlan Sea Posts: 5,453 Officer
    Psst.....I'll let you in on a little secret.....if a topic/thread doesn't interest you......You don't Need to keep clicking on it, nor commenting.

    Psst, if you don't like what I post, move along.
  • Plan SeaPlan Sea Posts: 5,453 Officer
    Gardawg wrote: »
    How can California take my guns?

    I'm not in California.

    Pretty easy we are told.
    mikev wrote: »
    Without notice, without cause, and for 21 days.

  • mississippi macmississippi mac Posts: 4,222 Captain
    Plan Sea wrote: »
    Mac, this is old news, I never challenged the guy just stated facts and disproved his assertion. Sorry but when you post falsehoods expect to be called out on it.

    It astounds me how they want Gov't to stay out of their lives but constantly complain about the governments of NY and CA when they have no effect on them nor are mandated to live there. Getting old

    OK...i'm good with that...
    and I agree totally with your closing paragraph....

    as you were.....
    [SIGPIC][/SIGPIC]
    The Real White Dog

    if you can't catch a fish...catch a buzz....
    #12976, joined 8-17-2002
  • fins4mefins4me Posts: 14,487 AG
    Plan Sea wrote: »
    Mike, we already knew when it took effect waaaaay back in 2014 is there a reason why this has to be discussed now? Do have an agenda you would like to tell us?

    And as for "adding something" I pointed out your farse of" w/o notice or cause". Judges don't sign restraining orders because they have nothing better to do

    If you do not care for the thread you could do everyone a favor and not participate (keep your trap shut).
    ALLISON XB 21,, MERCURY 300 Opti Max Pro Series (Slightly Modified) You can't catch me!!!
    "Today is MINE"
  • Plan SeaPlan Sea Posts: 5,453 Officer
    fins4me wrote: »
    If you do not care for the thread you could do everyone a favor and not participate (keep your trap shut).

    If you don't like what I post do ME a favor and not participate ( keep your keyboard closed)

    I proved the guy was wrong and he admitted I was right about it, so take a hike.
    mikev wrote: »
    . So yes, you're right, the article is wrong.



    Do you have anything of substance to add or just personal attacks?
  • dave44dave44 Posts: 11,756 AG
    Plan Sea wrote: »
    Mac, this is old news, I never challenged the guy just stated facts and disproved his assertion. Sorry but when you post falsehoods expect to be called out on it.

    It astounds me how they want Gov't to stay out of their lives but constantly complain about the governments of NY and CA when they have no effect on them nor are mandated to live there. Getting old


    Did you call? Spouting off about things you know little about?

    If you are going to say some states problems with crappy governments don't affect other states, you may have to back it up. You should know better than to make all encompassing statements.


    http://www.nyc.gov/html/om/html/2006a/pr156-06.html
  • Plan SeaPlan Sea Posts: 5,453 Officer
    dave44 wrote: »
    Did you call? Spouting off about things you know little about?

    If you are going to say some states problems with crappy governments don't affect other states, you may have to back it up. You should know better than to make all encompassing statements.


    http://www.nyc.gov/html/om/html/2006a/pr156-06.html

    Dave, California is not taking my guns or yours

    Your link is about a civil case against corporations, not people that have broken laws

    "The gun dealers named in this lawsuit have sold guns in violation of a number of federal and state statutes"

    Do you bother to read what you post when making straw man arguments?
  • dave44dave44 Posts: 11,756 AG
    Plan Sea wrote: »
    Dave, California is not taking my guns or yours

    Your link is about a civil case against corporations, not people that have broken laws

    "The gun dealers named in this lawsuit have sold guns in violation of a number of federal and state statutes"

    Do you bother to read what you post when making straw man arguments?

    Plan, in your zeal to make a point you included NY. Did you even read the links? Many of those were false allegations by NY in an effort to change laws here. And millions have been spent here trying to influence our elections., so it does spill over.

    I have more news for you too, a corporation is not always a multi million $ company with 100s of employees, a Corp can be 2 people.

    You are trying to play king of the hill with no inkling of what's on the hill. You should just admit that you are trying to make excuses for wanna be dictators and get it over with, we would respect that a tad more.
  • Plan SeaPlan Sea Posts: 5,453 Officer
    dave44 wrote: »
    Plan, in your zeal to make a point you included NY. Did you even read the links? Many of those were false allegations by NY in an effort to change laws here. And millions have been spent here trying to influence our elections., so it does spill over.

    I have more news for you too, a corporation is not always a multi million $ company with 100s of employees, a Corp can be 2 people.

    You are trying to play king of the hill with no inkling of what's on the hill. You should just admit that you are trying to make excuses for wanna be dictators and get it over with, we would respect that a tad more.

    A State can not change another's laws. Stop it already.

    Never posted a word about multi-million, corporations are not people, they don't exist in nature, only on paper. Bloomies sued corporations that are regulated by State and Federal Laws.

    Wanna be dictators? (eyes rolling) every law that is passed in this country is by representative government, take a civics class. You garner zero respect with such inane hyperbole.
  • dave44dave44 Posts: 11,756 AG
    Plan Sea wrote: »
    A State can not change another's laws. Stop it already.

    Never posted a word about multi-million, corporations are not people, they don't exist in nature, only on paper.

    Wanna be dictators? (eyes rolling) every law that is passed in this country is by representative government, take a civics class. You garner zero respect with such inane hyperbole.
    G

    OH my, do you have any idea how naive you really are? OMG.

    You need some civics classes and you need to brush up on campaign financing.

    Did you say Corporations are not people? If the owner of a small corporation( on paper, hahaha) dies, that company exists on paper still, but it's dead too. You really don't understand why anyone incorporates do you?

    I know you love Cad, ask him if he is incorporated and have him explain slowly why he should be.

    You are just another propagandist for the insane left. You have no substance beyond your regurgitation of lefty talking points.
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