A CA Gun Law I Can Support

[Subdeacon Joe]

http://www.guns.com/2015/02/09/lawmaker-pushes-to-make-filing-false-gun-violence-restraining-order-a-felony/

 

 

It was implemented following an attack in Isla Vista, California, that gun control advocates advised could have been prevented under the new procedure, which allows firearms to be confiscated for up to a year if an order is granted. However, Assemblymember Melissa Melendez, R-Lake Elsinore, is concerned that it is too easy to abuse.

“Law abiding gun owners should never have to fear their rights can be stripped away because an angry ex or neighbor wants to get even,” noted Melendez on the legislation in a post on social media.

Melendez’s solution is to temper the use of the new law by making it a felony to file false reports seeking gun violence restraining orders. Her bill, AB 225, was introduced Feb. 3. It would make filing a request for an order using knowingly false information felony perjury under state law, which would mandate a punishment of up to four years in prison.

California’s gun violence restraining order law was criticized during its legislative process by groups ranging from the National Rifle Association to the Liberal Gun Owners Association who criticized the low evidentiary standards and potential to dissuade troubled individuals from seeking medical treatment.

“The AB 1014 Gun Violence Restraining Order laws are nothing but a minefield for innocent Californians and actually incentivize abuse by anti-gun radicals,” Brandon Combs, president of the Firearms Policy Coalition told Guns.com via email. The FPC strongly supports AB 225, which they see as a first step to correcting “numerous terminal deficiencies” in the current law.

“Assembly member Melendez deserves credit for introducing language to protect law-abiding gun owners from harassment and the loss of their fundamental Constitutional rights,” Combs said. “We are cautiously optimistic that other members will follow her lead and work to correct AB 1014’s other unconstitutional and dangerous flaws.”

 

 

Looks like it will take away, if it passes, what the capons wanted - an easy and anonymous way to harass honest citizens.

[Muleshoe Bill SASS #67022]

Why not a Bill to repeal?

[Sedalia Dave]

I really think that if a person who has his guns confiscated under this law obtains a good lawyer that it will be overturned as unconstitutional as it violates due process as guaranteed by the 5th and 14th amendments.

 

To be honest I am surprised that this B.S. law hasn't already been ruled unconstitutional

 

http://legal-dictionary.thefreedictionary.com/Due+Process+of+Law

 

 

 

Due Process of Law

A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious.

The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. The due process clause of the Fifth Amendment, ratified in 1791, asserts that no person shall "be deprived of life, liberty, or property, without due process of law." This amendment restricts the powers of the federal government and applies only to actions by it. The Due Process Clause of the Fourteenth Amendment, ratified in 1868, declares,"[N]or shall any State deprive any person of life, liberty, or property, without due process of law" (§ 1). This clause limits the powers of the states, rather than those of the federal government.

The Due Process Clause of the Fourteenth Amendment has also been interpreted by the U.S. Supreme Court in the twentieth century to incorporate protections of the Bill of Rights, so that those protections apply to the states as well as to the federal government. Thus, the Due Process Clause serves as the means whereby the Bill of Rights has become binding on state governments as well as on the federal government.

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