Bill Would Permit Secret Seizure Of Firearms, Based On A Single Complaint
July 15, 2014 9:09am PST
California has some of the strictest gun laws in the country and they’re about to get a lot worse. Assembly Bill No. 1014 would allow the secret seizure of any California resident’s guns after just one complaint that said resident poses a threat of possibly committing a violent act. If all that sounds a bit ambiguous, that’s because it is.
AB 1014 would give judges the authority to issue an “ex parte gun violence restraining order”. Once again, the Democrats are treating guns as if they, as inanimate objects, are the things responsible for gun violence. Restraining orders are meant to keep violent people away from other people, not to keep people away from guns. And just as has been the case in the past, a fancy restraining order is not going to keep a violent criminal from obtaining or using a firearm.
This ex parte restraining order can be issued based on “reckless use, display, or brandishing” of a firearm. The jury’s still out on how exactly you might “recklessly display” a gun, but you can be sure that law enforcement will use this vague verbiage to their advantage. Basically, it will begin to assume the meaning of whatever the authorities want it to mean.
California courts would also have grounds to issue a gun violence restraining ordered based on “recent acquisition of firearms or other deadly weapons.” Under AB 1014, anyone who has just purchased a firearm can have it immediately seized for virtually no reason at all.
An immediate family member, a licensed therapist, or a licensed health care provider of any kind can file a petition to have a gun violence restraining order filed on a California resident. Does this mean your dentist can file a petition to have your firearms seized just because he hates the Second Amendment? Unfortunately, that is a reality which is likely to be coming soon to Californians.
Of course, the bill was introduced by Assembly Democrats. It has been gaining traction ever since the story of the ‘Virgin Killer’ was plastered all over the news. The killer’s mother claimed that she had raised concerns about her son’s mental state, but no action was taken. One of the looney tunes responsible for AB 1014, Nancy Skinner, remarked:
“When someone is in crisis, the people closest to them are often the first to spot the warning signs, but almost nothing can now be done to get back their guns or prevent them from buying more. Parents, like the mother who tried to intervene, deserve an effective tool they can act on to help prevent these tragedies.”
The problem with this skewed logic is that it completely ignores the fact that the most effective way to stop a madman with a gun is by having good guys armed with guns. Harsher gun laws will only serve to take guns out of the hands of the good guys and eventually render us defenseless against the criminals who disregard the gun laws in the first place.
AB 1014 claims that it would be a misdemeanor for anyone to knowingly file a false claim against another resident which results in the seizure of their firearms. But something tells me we’re going to see very few misdemeanor charges and a whole lot of restraining orders.
This new bill is a gross infringement of the Second Amendment rights of every person in California and it must be stopped. Brandon Coombs, President of the California Association of Federal Firearms Licensees, said it best:
“Good intentions do not make a law constitutional and this bill is plainly unconstitutional. People cannot be denied their constitutional right to acquire and possess firearms based on secret proceedings.”
Connecticut, Indiana, and Texas have existing gun laws which are similar to AB 1014. The NRA is calling the new bill, “one of the most egregious violations of civil liberties ever introduced in the California legislature.” That’s certainly saying a lot, as California is not exactly known for protecting it’s residents’ civil liberties.
Second Amendment rights are not the only liberties at risk for California residents if AB 1014 passes. Fourth Amendment rights to be free from improper searches and seizures are also at risk. Virtually any vindictive individual could cause their ex-lover or estranged family member to have their guns taken by force. Lawful gun owners would not even be allowed the opportunity to be heard before having their firearms taken.
AB 1014 is an egregious violation of Constitutional rights. Californians will have to stand up to establishment Democrats if they don’t want to see their civil liberties flushed right down the toilet.
H/T: Ben Swann
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