There will never be enough restrictive gun laws in California to make the politicians happy. What do you think about this next one.
California’s smart gun law, AB 1014, goes into effect on January 1st. It allows for gun confiscation without notice based on a report to a judge by a family member or a police officer who says the subject is potentially dangerous.
Any disaffected spouse can now get even with his/her spouse.
The law allows for gun confiscation if a judge decides there is the “potential” for violence. That sounds a little like an Orwellian thought crime.
The lawmakers are minimizing it because they will only seize the accused’s weapons for “21 days” before they are given their due process rights.
The bill was proposed after crazed leftist Elliot Rodger used knives, a car and guns to kill people.
It allows for an emergency “gun violence restraining order”. Why aren’t they confiscating knives and cars?
“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 Assistant Chief Michael Moore told a local NPR affiliate. “It allows further examination of the person’s mental state.”
“It’s a short duration and it allows for due process,” he said. “It’s an opportunity for mental health professionals to provide an analysis of a person’s mental state.”
It will put law-abiding gun owners in jeopardy and it gives mental health professionals power over our Second Amendment.
The “gun violence restraining order” only requires “reasonable grounds” that the person is dangerous. The evidentiary standard is very low and the person cannot present a defense before the guns are confiscated. This deprives people of their constitutional rights and due process of law.
The people who have their guns confiscated will be stigmatized and it is always difficult getting one’s rights back once lost. Will police use this in cases where officers do not have grounds for arrest?
Restraining orders are abused and this will be no different.
Some of these cases will turn violent.
What do you think?