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AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.

 
411
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10/10/2014 11:01 AM
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AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
I hate long intros like this one (22 seconds) but it's worth watching. It was posted prior to it's passing but does explain the bill.

[link to www.youtube.com (secure)]








The bill...
[link to leginfo.legislature.ca.gov (secure)]

Last Edited by 411 on 10/10/2014 04:05 PM
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt
411  (OP)

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10/10/2014 11:14 AM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
The law allows police, family members or even roommates to petition a judge to stop someone from buying or possessing a firearm if they believe the gun owner is a danger to himself or others.

If the judge agrees and the guns are taken away, the restraining order is reassessed after 14 days to determine if the former gun owner no longer poses a danger to himself or others.

A couple problems immediately come to mind.

First the law's threshold - a danger to self or others - is the same standard used for a civil involuntary commitment. If the person poses a danger to himself or other, they should be committed to a secure institution where they can be evaluated, treated and safeguarded from harm.

Merely taking their guns away is not a viable solution to someone who is hellbent on ending their life or taking another. It's just posturing.

There's a lot of other types of violence out there.

Are police going to also remove knives, ball bats, prescription medications, alcohol, drain cleaner, hammers, rope, swimming pools, cars, tall buildings, bed sheets, nylons, razor blades, tire irons, cross bows, piano stool legs, 2"x4"s, cast iron frying pans, golf clubs, jack stands, gasoline - in addition to hands, feet, elbows and teeth?


MORE....
[link to thegunwriter.blogs.heraldtribune.com]
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt
411  (OP)

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10/10/2014 12:34 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
bump 4 cali. people.
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt
Anonymous Coward
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10/10/2014 12:50 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
It won't be long before people are seeking to have these enforced against friends and neighbors (and enemies) that they know are into prepping, conspiracies, etc.
411  (OP)

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10/10/2014 01:04 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
It won't be long before people are seeking to have these enforced against friends and neighbors (and enemies) that they know are into prepping, conspiracies, etc.
 Quoting: Anonymous Coward 58725172


ohyeah
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt
411  (OP)

User ID: 17923882
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10/10/2014 04:04 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
Here is statutory language pertaining to the gun violence restraining orders (hereinafter GVROs):

18100. (a) A gun violence restraining order is an order, in writing, in the name of the people, signed by a magistrate, prohibiting a named person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms for a period of up to one year. A firearm seizure warrant is an order, in writing, in the name of the people, signed by a magistrate, regarding a person who is subject to a gun violence restraining order and who is known to own or possess one or more firearms, which is directed to a peace officer, commanding him or her to seize any firearms in the possession of the named person and to bring the unloaded firearm before the magistrate.

Here is statutory language on offer regarding firearm seizure warrants:

(b) A firearm seizure warrant is an order, in writing, in the name of the people, signed by a magistrate, regarding a person who is subject to a gun violence restraining order and who is known to own or possess one or more firearms, which is directed to a peace officer, commanding him or her to seize any firearms in the possession of the named person and to bring the unloaded firearm before the magistrate.

The way the statute is supposed to work is as simple, and as horrifying, as the minds that produced it. To begin with, under the statutory language the GVRO and/or firearm seizure process can be initiated by anyone -- and I do mean anyone:

18101. (a) Any person may submit an application to the court, on a form designed by the Judicial Council, setting forth the facts and circumstances necessitating that a gun violence restraining order be issued. A gun violence restraining order shall be issued to prohibit a named person from possessing a firearm if an affidavit, signed by the applicant under oath, and any additional information provided to the court demonstrates, to the satisfaction of the court, the named person poses a significant risk of personal injury to himself or herself or others by possessing firearms.

The statute commands that the magistrate shall, in assessing what may well be randomly or maliciously submitted affidavits, consider “recent threats” of violence or acts of violence against others or oneself (see 18102 of the bill.)

How do you think leftist judges will construe “threats”?

In actuality, though, it might not matter, since the statute provides that, in determining probable cause to issue the GVRO and/or firearm seizure warrant, the magistrate may consider:



MORE....
[link to www.americanthinker.com]
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt
Anonymous Coward
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10/10/2014 04:39 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
Better not piss the cops off and be ready to follow orders when encountered.

I see the most abuse coming from spouses, family members and Police Officers.

Someone just have to say they feel possibly threatened by what was said, done ect.

More fodder for the courts and lawyers, money for the State.

Mexico/California don't want firearms in law abiding hands.

See, more crime = a Bigger State, More Power & Control and more corruption. Crime feeds the Machine.

Their deceptive laws against the US Constitution will be their undoing, Tic Toc.

411  (OP)

User ID: 17923882
United States
10/11/2014 01:09 PM
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Re: AB-1014 "Gun violence restraining orders" & associated “firearm seizure warrants.”. PASSED and Approved by Governor of Cali.
Better not piss the cops off and be ready to follow orders when encountered.

I see the most abuse coming from spouses, family members and Police Officers.

Someone just have to say they feel possibly threatened by what was said, done ect.

More fodder for the courts and lawyers, money for the State.

Mexico/California don't want firearms in law abiding hands.

See, more crime = a Bigger State, More Power & Control and more corruption. Crime feeds the Machine.

Their deceptive laws against the US Constitution will be their undoing, Tic Toc.


 Quoting: Anonymous Coward 49803883


ohyeah
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves." --William Pitt





GLP