The 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
P.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 worst. Now I can actually link DailyCaller without crashing my confuser.
