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Sat Oct 12, 2019, 09:45 AM

California adopts broadest US rules for seizing guns

Source: Associated Press

California adopts broadest US rules for seizing guns

October 11, 2019

SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom on Friday signed a law that will make the state the first to allow employers, co-workers and teachers to seek gun violence restraining orders against other people.

The bill was vetoed twice by former governor Jerry Brown, a Democrat, and goes beyond a measure that he signed allowing only law enforcement officers and immediate family members to ask judges to temporarily take away peoples’ guns when they are deemed a danger to themselves or others.

Newsom is also a Democrat and signed a companion bill allowing the gun violence restraining orders to last one and five years, although the gun owners could petition to end those restrictions earlier.

The new laws are were among 15 gun-related laws that Newsom approved as the state strengthens what the Brady Campaign to Prevent Gun Violence calls the nation’s toughest restrictions.


Read more: https://apnews.com/3ca4e1f867f2490c98b042358f8bf3b3

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Reply California adopts broadest US rules for seizing guns (Original post)
Eugene Oct 2019 OP
ManiacJoe Oct 2019 #1
discntnt_irny_srcsm Oct 2019 #3
PBC_Democrat Oct 2019 #2

Response to Eugene (Original post)

Sat Oct 12, 2019, 10:58 PM

1. The ACLU does not usually get involved with gun laws.

That fact that the ACLU has problems with this speaks volumes.

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Response to ManiacJoe (Reply #1)

Thu Oct 17, 2019, 07:00 PM

3. From the AP article:

The California law will require co-workers requesting the orders to have "substantial and regular interactions" with gun owners to seek the orders and co-workers and school employees must get approval from their employers or school administrators before seeking them. People seeking the orders will have to file sworn statements specifying their reasons for doing so.
Would it rise to being a crime to request an order without proper foundation?

The measure was opposed by gun owners’ rights groups and the American Civil Liberties Union. The ACLU said the bill “poses a significant threat to civil liberties” because orders can be sought before gun owners have an opportunity to contest the requests.
The article goes on to say that those allowed to request orders may be lacking in skill or be outside the relationship limits needed to assess and determine if the measure is appropriate.

Assemblywoman Jacqui Irwin has a bill which...
...allows judges to issue search warrants at the same time as they grant the orders. The warrants can be used immediately if the gun owners are served with the relinquishment orders but fail to turn over the firearms or ammunition.
So should your disturbed child threaten to 'go full-auto' via AK-47 on a classmate or teacher, the police determine this is an unfounded threat by searching your home for a rifle that doesn't exist?

IMO, unless these types of laws are EXTREMELY limited and have well implemented means for judicial challenges, there will not be found a can big enough to house all these worms.

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Response to Eugene (Original post)

Thu Oct 17, 2019, 04:28 PM

2. Most, if not all, of these Red Flag laws will be struck down.

Over the next few years we'll start hearing about abuses of the law.

We'll hear about disgruntled employees, angry ex's, pissed off neighbors and the like with barely viable 'feelings' about being in danger.

We'll hear from law-abiding citizens having their lawfully owned guns held for months and then being charged outrageous storage fees to get them back.

The lack of due process will doom these laws.

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