The problems with California's new anti gun law...

2aguy

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Jul 19, 2014
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Laws like this are why pro 2nd amendment supporters don't trust the "good intentions" of the gun grabbers. Everyone thinks that the dangerously mentally ill should not have access to guns...however...the anti gunners have now shown they can't be trusted to implement this without their reflexive anti gun control issues kicking in and going over the line...this article points out how far over the line they went...

CPRC on CNN Notes on California s new gun violence restraining orders - Crime Prevention Research Center

California has long allowed police who believe that someone represents a danger to themselves or others to take the person in for a psychiatric evaluation with a police psychiatrist. With that evaluation, a person could be held for 72-hours. After the Elliot Rodger’s killings earlier this year, California’s Governor Jerry Brown signed into law on Tuesday, September 30th that makes significant changes. The irony is that deputy sheriff officers had gone to Rodger’s home but did not believe that Rodger posed a danger to himself or others.

The law that was thus motivated by Rodger’s case would not have prevented it. Three of the people that Rodger killed were killed with knives. Taking away his guns would thus not have stopped those deaths. In addition, given that Rodger was planning his attack for 2.5 year it seems plausible that he would have obtained his guns in other ways. All this raises the question: If you really believe someone is a threat to themselves or others, why not involuntarily commit the individual.



This now allows the restraining order to be imposed without input of a psychiatrist or other trained mental health professional. It also lowers the standard of evidence from “clear and convincing” to the much lower “reasonable cause.” “Reasonable cause” doesn’t even require that the court decide that a problem is likely, but merely possible.

2) The hearings can now take place without the presence of the person for whom there is concern — it also makes the person immediately subject to misdemeanor penalties. So here is the problem: a decision can be reached without your knowledge or ability to defend yourself and then if the police go to serve you with the restraining order and find that you have a single bullet in your possession you are guilty of a misdemeanor — facing up to a year in prison.
 
Everyone thinks that the dangerously mentally ill should not have access to guns...

Ha! If that were true, there wouldn't be a democrat in the country allowed to own a gun.

These unconstitutional anti-gun laws in California are especially vexing when you consider that Los Angeles and Riverside counties are home to 100,000 heavily-armed gang members. Jerry's going to go down and disarm them all, right? California has become such a filthy third world shithole. David Rieff was right. It's a microcosm of what the whole country will be in 25 years: Brazil north. And the pansy left thinks we have a violent crime problem now! Just wait.
 
Here's another source for anyone interested.
California governor signs gun violence restraining order law Reuters

"People who fear a close relative may commit gun violence will be able to petition a judge to temporarily remove the person's firearms."

There are a lot of stupid anti-gun laws in CA, but this doesn't seem to be that horrible. At worst, it will just have no effect, and crazy people will still get guns. But it does give families the chance to actually do something if they fear someone they know is about to do something crazy.
 
There are a lot of stupid anti-gun laws in CA, but this doesn't seem to be that horrible. At worst, it will just have no effect, and crazy people will still get guns. But it does give families the chance to actually do something if they fear someone they know is about to do something crazy.

Here is a problem...If I have a restraining order from my wife....if I want to murder my wife who happens to own a gun...I go to my lawyer and get her gun yanked under this law...then I can go and kill her...
 

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