Posted on 02/10/2015 11:21:42 AM PST by HammerT
With California’s unique new law in place that allows for gun confiscations from those thought at risk, a state lawmaker wants to make sure it’s not abused.
The law in question, which passed the state legislature as AB 1014 last year, provides a framework for the temporary seizure of guns from an individual at the request of their family or friends.
It was implemented following an attack in Isla Vista, California, that gun control advocates advised could have been prevented under the new procedure, which allows firearms to be confiscated for up to a year if an order is granted. However, Assemblymember Melissa Melendez, R-Lake Elsinore, is concerned that it is too easy to abuse.
“Law abiding gun owners should never have to fear their rights can be stripped away because an angry ex or neighbor wants to get even,” noted Melendez on the legislation in a post on social media.
Melendez’s solution is to temper the use of the new law by making it a felony to file false reports seeking gun violence restraining orders. Her bill, AB 225, was introduced Feb. 3. It would make filing a request for an order using knowingly false information felony perjury under state law, which would mandate a punishment of up to four years in prison.
California’s gun violence restraining order law was criticized during its legislative process by groups ranging from the National Rifle Association to the Liberal Gun Owners Association who criticized the low evidentiary standards and potential to dissuade troubled individuals from seeking medical treatment.
(Excerpt) Read more at guns.com ...
Hmm... now that I think of it - shouldn’t that sort of thing be ALREADY illegal?
It will never pass. False accusations against men are a major weapon the fems use against the patriarchy, and so they are sacred. It’s not the truth, it’s the narrative that must be preserved.
Why don’t they just make filing any kind of false report a felony ?
I guess that would incriminate most of our political office holders, so I can see why it is being limited to one subject.
SOON TO BE EX-WIFE: He owns a gun and threatened me.
COURT: Issue a warrant for his arrest and confiscate the weapons.
Sadly that is likely to be the case - I guess bearing false witness isn’t a crime.... unless you’re a conservative.
Yes, Please. If they keep passing laws that causes the target of a restraining order lose their Second Amendment rights, then by God if it was based on false information then the person making the false claim should be severely punished.
All too often these restraining orders are filed and granted as routine course in a divorce case.
It sounds like could be done by a neighbor ‘friend’ who wants revenge - just report someone as having guns and have them raided and need to ‘prove’ they don’t have any.
Does anyone have a link to information on how often that happens, just curious about the issue.
Bingo!!
ANY False police report should be a felony!
I was arrested on my ex-wife’s say-so, was forced out of MY home (that i owned before marriage) l could not get to my job, and effectively lost $10,000 as surely as if she stole it from me.
THANK GOD (!!!!) I was in my attorney’s office at the time she claimed it happened- The judge let me go after my attorney called and said “Hey he was with me all afternoon”
But if I had gone to McDonalds or shopping or anywhere else I would have been SCREWED.
The District Attorney even told me that if I did not accept a 6 months ACD he would add additional charges of ‘disturbing the peace’ and whatever else he could think of, and go for jail time.
I looked him square in the eye and told him to go ahead.
Thankfully I was able to find a sheriff who later arrested her for filing a false charge, and this same idiot DA said he was not going to prosecute her- because I was “just getting back at her”
I told him only ONE of us committed an actual crime here, I lost $10,000 AND she was living in MY HOME. If he did not prosecute her I would file a writ of mandumus to force him to.
The idiot then asked for a postponement for one month, then when I was not there one week later he got her a 6 months ACD (adjournment contemplating dismissal)
in other words, nothing, if she behaved herself for the next 6 months she was scott free.
It would have been a felony if she STOLE $10,000 from me... why is it only a misdemeanor to do something potentially much worse?
COURT: Issue a warrant for his arrest and confiscate the weapons.
ME: What guns? I sold them to a friend of a friend of a friend who said they were moving to Brokeback Mountain in Idaho.
Any man who keeps his guns in his own house before the divorce is FINAL is out of their minds.
I’m not surprised by that story - disturbed yes, but not surprised.
I’m well familiar with similar circumstances and they played out along the same lines.
It’s also not going to help with O’Commie and his comrades putting out ‘narratives’ (LIES) about such issues.
I have no statistics, but a lawyer friend told me that it had become almost a routine stratagem.
Nothing for the person making the accusation to lose -legally- if the make the accusation vague enough, and lots of problems for he accused.
I know of one case where the wife was coerced into asking for a restraining order. She was threatened with having her children taken by child protective services if she did not, and her husband spent months sleeping in a car or finding places to stay. All his guns were immediately confiscated. Eventually, at great cost and aggravation, they beat the charges and won, in the sense that they did not end up with convictions. But the ‘process’ was used to put them through the ringer.
They were whistleblowers at the local hospital, and the local elite had it in for them.
She is an immigrant from Mexico, so a bit more unsure of her rights than most.
My lawyer friend told me that they would not have taken her kids, it was a bluff.
I asked him, “How often is that bluff used?” He said, it depends on the jurisdiction. I mentioned a local community, and he said not that often. I mentioned Yuma, and he said, “All that I know of”, so, effecively, 100% of the women who ended up with interactions with the local criminal justice system, are threatened with having their kids taken, to coerce them into doing something that they otherwise would not do.
It might have changed. This was several years ago, and I have not followed up.
At this point ANYONE that owns a gun better THINK VERY HARD about getting “mental health treatment”, as you will be entered into a database, and your ability to keep possession of your guns will be far from assured.
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