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To: Seizethecarp
This has the potential to be misused by power hungry progressives. or Dianne Feinstein. I don't know who is worse


5 posted on 12/22/2013 7:24:05 PM PST by darkwing104 (Forgive but don't forget)
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To: darkwing104
Yes. the problem is manifold: on whose word does a supposedly "mentally ill" person lose his/her civil rights?

California recently added legislation to its Welfare and Institutions Code which requires "a licensed psychotherapist to which is communicated a serious threat of violence" to report that person to local law enforcement within 24 hours. The name of the person is put onto the Armed Prohibited Person list and the state DOJ goon squad goes out to that person's residence and demands that they turn over any guns they may have (for "safe keeping"). Does such a thing violate due process? I think it does since most of these raids are conducted without the benefit of a duly sworn search warrant; the goon squad tries to intimidate the "victim" into giving up his or her firearms voluntarily.

The law also includes those who have been institutionalized (either voluntary or involuntary) as a danger "to themselves or others", but this, at least should require a judicial hearing usually subsequent to a 5150 or 5250 Cal Penal Code charge.

MY fear of this is that even a visit to a psychiatrist, a diagnosis of depression, and a prescription for an antidepressant will soon qualify as "mental illness" for the purposes of gun confiscation.

It kind of reminds me of the Solzhenitsyn's Gulag Archipelago - a government that locked up political dissidents on trumped-up mental illness charges.

This country is moving rapidly toward a post-Constitutional America in which government is run by a single party and the Separation of Powers no longer exists. The Gulag can happen here.

23 posted on 12/22/2013 8:08:50 PM PST by 45Auto (Big holes are (almost) always better.)
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