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Posted: 12/29/2015 10:00:37 AM EDT
Police in California can seize guns without prior notice starting Jan. 1
Family members who believe a loved one poses a danger to themselves or others will be able to ask police to seek a temporary “gun violence” restraining order from a judge beginning Jan. 1. The order would allow police to seize the person’s guns for 21 days.
*** Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police. *** After three weeks, the person can challenge the judge’s decision. View Quote So on the word of a family member you can't get your guns taken away then in three weeks have to go to court to prove your innocence to get them back, I could have sworn in the US a person is presumed innocent until proven guilty according to the law. Seems to me the issuing judge is the one that needs to go to court and prove the person stripped of their rights was guilty not the other way around. |
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Yep, CT has had a law like that for years. CA is just playing catch up.
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When Dear Lord? When, oh when, is the San Andreas going to let go?
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Quoted:
Police in California can seize guns without prior notice starting Jan. 1 Family members who believe a loved one poses a danger to themselves or others will be able to ask police to seek a temporary “gun violence” restraining order from a judge beginning Jan. 1. The order would allow police to seize the person’s guns for 21 days.
*** Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police. *** After three weeks, the person can challenge the judge’s decision. View Quote So on the word of a family member you can't get your guns taken away then in three weeks have to go to court to prove your innocence to get them back, I could have sworn in the US a person is presumed innocent until proven guilty according to the law. Seems to me the issuing judge is the one that needs to go to court and prove the person stripped of their rights was guilty not the other way around. View Quote Or if I want to rob you safely, I can just report you and then invade your home at my leisure. |
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Uhh yeah. They took an oath. No way would cops violate a constitutional amendment. Highway to the tinfoil zone.
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No due process. What do we call people that take other peoples' property from them without due process? Thieves.
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another reason to squirrel a few guns and ammo away..... somewhere hard to find... like oh, say.. in some pvc pipe?
" in before if you gotta bury them, its time to use them crowd"..... who says you cant bury them AND still use them? you dont have a shovel? |
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21 days? More like you are never getting it back. View Quote Not without games. They would regulate it down to only a few hours of a few days of a month when a special appointment would allow you to get your gun back, without mags or ammo. Two is one....... Definitely time to have a gun stash. Keep one at a friends safe, one in a safe deposit box, one in a zip lock in the trunk, hidden furniture compartment, cookie jar, etc.......... CA already has a special gun gestapo. |
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I know for a fact my ex wife would have used that just to fuck with my life when we were getting divorced.
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Just as bad as the family violence law with regards to firearms.
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Fear not.
The Federal judiciary will zealously guard our rights. They will never allow such a travesty to stand! |
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Can this law be fought and struck down in this day and age? Personally, I don't think it can.
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We would live in a great country if all the police enforced the provisions in the BORs as strenuously as they do drug and gun laws.
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CA gun owners need to flee the state. Sadly, most won't until they hear the truck tailgates banging, and by then it's too late.
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Federal preemption, federal preemption, federal preemption.
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id say approx 50% of divorces definately would end just like that.. View Quote View All Quotes View All Quotes Quoted:
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I know for a fact my ex wife would have used that just to fuck with my life when we were getting divorced. id say approx 50% of divorces definately would end just like that.. She tried to get my guns in the divorce! I "sold" them to my buddy to save them. |
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We would live in a great country if all the police enforced the provisions in the BORs as strenuously as they do drug and gun laws. What's your theory on why they don't? Free dental. |
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Seriously though, you don't get to arrest people when you protect their rights. That is why.
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Hmm ex husband wants to kill ex wife and family, they own guns he calls police says he feels they are endangered by them having guns, they lose guns, ex husband goes and kills family. This is just one great outcomes of this bullshit. How do they prove it's family? Say a home invader wants to target some homes, knows guns are there could they have them removed before home invasion spree?
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Slouching toward a totalitarian communist police state one law at a time.
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Quoted: 21 days? More like you are never getting it back. View Quote This. You'll probably have to go get a sign off by a licensed psychiatrist (who probably won't do it, out of fear of being wrong) or something like that, before the judge gives them back. No doubt, there'll be guns that end up missing or damaged... Also, how will they find all your guns? What will be the "confiscation procedure?" Polite, afternoon request by one or two cops...OR....a full on midnight raid with the armored Humvees and SWAT teams? How thoroughly will they search the house? How well do you have to know someone in order to call police and tell them that the person is unstable and needs to de-armed? What if I see a muslim in full garb, acting weird and mumbling something about snackbars? Can I call police on that person? |
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Day 22.
"Sorry, the property room officer is on extended leave. We don't know what he did with his key." |
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They legislated the shit of some safety "feels" on this one
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Quoted:
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We would live in a great country if all the police enforced the provisions in the BORs as strenuously as they do drug and gun laws. What's your theory on why they don't? http://m.youtube.com/watch?v=GXE_n2q08Yw]]http://m.youtube.com/watch?v=GXE_n2q08Yw |
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Quoted: id say approx 50% of divorces definately would end just like that.. View Quote View All Quotes View All Quotes Quoted: Quoted: I know for a fact my ex wife would have used that just to fuck with my life when we were getting divorced. id say approx 50% of divorces definately would end just like that.. Yep. And then, they would use the fact that your house got "raided by the cops" for having a "massive arsenal" - against you in the family court. Her attorney: "Clearly your honor, the father should not be allowed to have any custody of the children. He was recently raided by the swat teams for having numerous high-powered, deadly, black assault-rifles, and tons of ammo. We don't know what he was plotting. We propose supervised visitation, once he's been deemed mentally stable by at least 3 court-appointed therapists." You: "But, but, but....SHE called the cops on me to make me look bad - I didn't do anything wrong!!!" Judge: "The court finds the spouses request reasonable. The mother hereby is granted full custody of the children, and has full control of any visitation. The father will pay 30% of his gross income in child support and spousal maintenance until further notice." |
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What a depressing state to live in. View Quote Says another who won't own up to his own state. Complete bullshit. Probably has to have his car inspected by the government for "safety" every year or has to get government permission to obtain a "license" to exercise one or more of his rights. Ahhh but it's easy to claim you live in a "free state" when you don't post it; that way others can't note the hypocrisy. There should be a rule that says if you criticize another's state you must post your own. |
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CA gun owners need to flee the state. Sadly, most won't until they hear the truck tailgates banging, and by then it's too late. View Quote Thanks for your concern, but what we really need is full incorporation of the Second Amendment so we can beat the crap down in court. In the meantime we will fight with what we have. Posted Via AR15.Com Mobile |
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This article says Texas has the same law and CA used it as a precedent to pass theirs. Indiana also had a similar law that withstood a court challenge.
http://www.houstonchronicle.com/news/houston-texas/texas/article/Texas-clarifies-mental-crisis-guns-policy-4908331.php |
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Just wait until that family member becomes someone who just doesn't like you.
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I wonder how fans of this policy would feel about the state seizing their children without notice based on an unsubstantiated claim.
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