New confiscatory CA gun law as of 2016

California State FlagThe DailyCaller.com seems to think so.  As does the WashingtonTimes.com.

I have some very salient comments to add after these pull quotes.

California law allowing seizure of guns without notice begins Jan. 1

by Andrew Blake

Gun control legislation going into effect in California next week will allow authorities to seize a person’s weapons for 21 days if a judge determines there is potential for violence.

Proposed in the wake of a deadly May 2014 shooting rampage by Elliot Rodger, the bill provides family members with a means of having an emergency “gun violence restraining order” imposed against a loved one if they can convince a judge that this person’s possession of a firearm “poses an immediate and present danger of causing personal injury to himself, herself or another by having in his or her custody or control.”

“The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will,” Los Angeles Police Department Assistant Chief Michael Moore told a local NPR affiliate. “It allows further examination of the person’s mental state.”

 

DailyCaller.com wrote:

AB1014 was passed last year in the wake of 2014’s Isla Vista shooting, where teenager Elliot Rodger went on a rampage near the campus of the University of California, Santa Barbara, killing six people along with himself.

Further:

The new law is intended to stop such a situation from re-occurring. Under the law, a judge has the power to grant a restraining order telling police to seize a person’s guns, based solely on accounts from family members or police that the person is poses an imminent danger to others. The restraining order can be granted without the affected person knowing it exists or being allowed time to contest it.

Once granted, police can use the restraining order to confiscate all of a person’s guns and ammunition, and the person is also barred from buying or possessing guns and ammo for the duration of the order. A full court hearing must then be heard within three weeks. At that hearing, a judge will be able to extend the restraining order for an entire year.

My interjection:

That is not unprecedented in Fornicalia.  As a peace officer, if I made a detention under 5150 W&I and determined that someone fell under those parameters, I could legally confiscate their guns on that call.

5150(a) When a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, professional person in charge of a facility designated by the county for evaluation and treatment, member of the attending staff, as defined by regulation, of a facility designated by the county for evaluation and treatment, designated members of a mobile crisis team, or professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody for a period of up to 72 hours for assessment, evaluation, and crisis intervention, or placement for evaluation and treatment in a facility designated by the county for evaluation and treatment and approved by the State Department of Health Care Services. At a minimum, assessment, as defined in Section 5150.4, and evaluation, as defined in subdivision (a) of Section 5008, shall be conducted and provided on an ongoing basis. Crisis intervention, as defined in subdivision (e) of Section 5008, may be provided concurrently with assessment, evaluation, or any other service.

When I made a commitment under 5150 W&I, I was legally bound to inquire about firearms in the affected household and then book them for safekeeping when they were brought to my attention.  My failure to do that would have resulted in my receipt of discipline, at minimum.  Once the commitment was accepted, should that occur, the firearms per Cal DOJ were not to be returned for a period of five years.  One can petition the local court in which the guns or deadly weapons were confiscated.  California section 5250 W&I (Welfare & Institutions code) deals with firearms following a 5150 W&I hold being placed.  I was very careful when placing said holds and sometimes refused to make them against the wishes of family members — who could have an agenda.

In the new instance, however, under AB 1014, weapons can be confiscated in lieu of a 5150 hold and the injection of law enforcement in an emergency situation.  I only found myself involved, as a law enforcement officer, in an emergency call.  Here is the very important caveat:

Practically, this means once you are his with the restraining order you will never own a firearm again for the rest of your life and the ones the police take from you will never be returned. Is any California judge going to lift the restraining order and take the risk that at some later point you may be involved in a shooting of some kind? No.

So, do you, the subject of such an action have the right to be notified that such an allegation has been made against you? Do you have to right to contest their application? Can you contest the ability of the state, without anything approaching probably cause, to have you hauled in for “mental evaluation?” (Why is it that totalitarian regimes invariably use the mental health system to deal with dissidents and non-conformists?) Nope.

How will you find out? When a SWAT team shows up at your door to take your weapons and cart you off for a mental health evaluation.

Beware.  It is, after all, Fornicalia.  And there is a reason I call it that.

More is coming, America.

In 2016.

Obama will issue his imperial executive gun orders in just a few more days.

BZ

Obama Gun ConfiscationP.S.

After I installed Ad-Blocker software on my confuser, Life got so much better for me when I went to various sites.  My computer would scream in pain as it found itself stymied by advertisements on various sites.  The Daily Caller site was one of the worstNow I can actually link DailyCaller without crashing my confuser.

If you enjoyed this post, make sure you subscribe to my RSS feed!

13 thoughts on “New confiscatory CA gun law as of 2016

    • Ed, Happy New Year and thank you very kindly for reading the blog this past year, sir.

      The ad blocker seems to work fine on Breitbart. It was a bit odd for the first week; some things didn’t seem, to me, to display properly. That cleared up rather quickly, I noticed, the greater number of times I visited. Now I don’t notice any difference at all. But loading, for example, the Daily Caller, was torture. Everything on my browser would stop and/or LOCK UP, and I could hear the fans on my laptop kick into overdrive, meaning my hard drive was being tasked terribly.

      Now? Things are much much better. I couldn’t recommend an ad blocker more.

      BZ

  1. Happy New Year BZ. As you stated more of this bullshit is about to tossed at us via executive order from Obama. As former Rep Joe Walsh has stated this is amounts to war on the law abiding American gun owner. Time to emphatically tell these Marxists that we won’t comply. Since when does a decree by the POTUS have any legal authority over the citizenry. Congress makes laws. Maybe its time to find out who in the Obama administration is willing to die for him. Glad I live in Texas. Open carry starts today.

    • Amazing that TX is behind MI in that regard.
      Not many of us are fond of it as it scares soccer moms, but it covers an exposed holster or butt plate.
      The guys that open carry are a bit militant.
      “Hey! Is that a Kimber 1911?”
      “I’m allowed to carry it!”
      “Well do you ever get hassled here in WalMart?”
      “I’m allowed to carry it!”
      “Never any hysteria when you walk in somewhere?”
      “I’m allowed to carry it!”

      Here’s an oddity.
      As a CPL holder, I cannot CCW on school grounds.
      But as a CPL holder, I can open carry on school grounds.
      But without a CPL, I couldn’t.
      And I don’t know why.

    • Yes, I know open carry begins today. Blog post coming on that very same topic soon. Open carry is a very dangerous double-edged sword. Read further in comments for an important link I’m going to display.

      BZ

      • Here in Texas you need a CHL to open carry. Same rules apply either way. No guns at hospitals, schools, bars that serve more booze than food or govt buildings. Businesses can also opt out if the so desire. Open carry is also allowed on college campuses if the school gives the OK. I prefer to carry concealed as it keeps the bad guys guessing and doesn’t frighten the soccer moms. But hey this is Texas and attitudes are quite different than in most parts of the country. Open carry makes things easier in the warmer months as printing can be a problem when wearing light clothing. What a lot of people don’t realize is that anyone with a CHL has been vetted and is an additional public safety asset. The problems are the criminals.

  2. So many places in CA that I love to visit but won’t. My few dollars won’t matter, granted, but t is my way of protesting.

    My trips usually go via Reno where I have family and on to Seattle. Now go North out of Reno. End up driving a few miles in CA. I don’t stop and I watch my speed and driving.

    Oregon and Washington aren’t much better and seem hell bent on becoming CA light.

    Will sanity ever return to the left coast?

  3. I still have my old “10 Code” book above my workbench.
    We called it a 49 and 3 quarters,,, almost a 51-50.
    But our County was on the EAST side of the Sierras, and favored LEO’s.
    As you know, our son still works in the remote High Sierras,and the Counties there are exactly like you would want them to be.
    Hang in there partner, you did the highest quality of work that ever could of been done. And if ever comes down to a shooting war, I know you,,,and you have plans in-place.

Comments are closed.