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View Full Version : Whats up with ab532?


P.G.C.
12-27-2009, 6:55 AM
I looks like this one went through while everybody's attention was being spent on ab962 and sb585. Anybody here know the true deal with this. I see it opening a door for the local LE being able to come confiscate your guns at their discretion before you're convicted of anything which basically lets them step right around 2A and 4A. Maybe I just need to be more optimistic about the intentions of our great assembly members?:rolleyes:

Here's some links showing some text.
http://humboldt.networkofcare.org/mh/legislate/display.cfm?bill=AB%20532&ver=09/09/2009

hoffmang
12-27-2009, 8:25 AM
One version you link to is the vetoed Cow Palace gun show ban. The other looks to be a bill allowing warrants to be issued by a judge when a LEO has arrested certain arestees. Which are you worried about and why?

-Gene

P.G.C.
12-27-2009, 9:00 AM
Sorry about the wrong link there.:sleeping:

My concern wouldn't be with a judge issuing a warrant. It would be this bill would be letting them come confiscate your firearms at the drop of a hat and hold them indefinitely. It sounds like a lot of this would be up to the officers discretion.

I suck at reading comprehension when it comes to legalese.:43:
I guess I'm just looking for a lawyer to give me some cliff notes in laymen's terms.

FS00008
12-27-2009, 10:34 AM
Have you ever had a 5150, or assault/domestic violence? From the text, it looks like if you've never had one of those it doesn't apply.

MindBuilder
12-27-2009, 3:10 PM
It looks like they can confiscate all the guns at the location of a domestic violence arrest, including the victims guns and the guns of uninvolved parties. If they can show probable cause that the guns will endanger the victim then the guns can be kept for a year. If they can show clear and convincing evidence that the guns will endanger the victim, then the guns can be destroyed. This might not survive the incorporation of the 2nd. Amdt.

SteveH
12-27-2009, 3:19 PM
Is this the one that basically allows rubber stamp search warrants following a "domestic violence" arrest?

For all the energy spent fighting handgun rosters and AW bans i'm still convinced the domestic violence and restraining order laws result in the loss of gun rights for more innocent gun owners than the AWB ever will. I know i'm in the minority on that though.

hoffmang
12-27-2009, 3:30 PM
Is this the one that basically allows rubber stamp search warrants following a "domestic violence" arrest?

For all the energy spent fighting handgun rosters and AW bans i'm still convinced the domestic violence and restraining order laws result in the loss of gun rights for more innocent gun owners than the AWB ever will. I know i'm in the minority on that though.

Correct. Don't assume everything that CGF/NRA/CRPA does is the "headline" grabbing variety. Real due process will have to be here under a fundamental rights analysis for 5150s and DV's. The analysis in Emerson is going to be key.

-Gene

SteveH
12-27-2009, 3:35 PM
Correct. Don't assume everything that CGF/NRA/CRPA does is the "headline" grabbing variety. Real due process will have to be here under a fundamental rights analysis for 5150s and DV's. The analysis in Emerson is going to be key.

-Gene

I'm glad to hear you guys are looking at this.

I've seen how easy it is to get a TRO in California and its shamefull in my opinion that judges (commissioners?) are so fast to take away someone guns on the claims of the petitioner.

I've been told in other states it doesnt work that way and a loss of gun rights can only occur after the respondent has a chance to defend himself/herself.

I'm convinced that hundreds if not thousands of californians lose their gun rights and property rights in family courts in Cali every single workday. The judges are afraid to say no to a TRO request. The recernt high profile murder suicide in San Celemente is only going to make it worse.

anthonyca
12-28-2009, 12:40 AM
Is this the one that basically allows rubber stamp search warrants following a "domestic violence" arrest?

For all the energy spent fighting handgun rosters and AW bans i'm still convinced the domestic violence and restraining order laws result in the loss of gun rights for more innocent gun owners than the AWB ever will. I know i'm in the minority on that though.

You are correct.
Is this the one that basically allows rubber stamp search warrants following a "domestic violence" arrest?

For all the energy spent fighting handgun rosters and AW bans i'm still convinced the domestic violence and restraining order laws result in the loss of gun rights for more innocent gun owners than the AWB ever will. I know i'm in the minority on that though.

Most people on gun boards are convinced that there will be major SHTF that will last forever and they will drive their truck(500 miles @ 12mpg) over the mountians and trailblaze since all the roads will be full. Then they will live happily ever after in the desert but there is not a chance they can be falsely arrested for DV.

It's just not an issue that most people care about or think can happen to them. I think it is the most important gun law that needs to go. It opens us up to bans for any one who has ever been in a fight, accused of threatening someone or something else the govt says should limit your rights.

Right now lautenberg, who wrote the federal domestic misdemeanor ban a the restraining order ban, is trying to pass the no fly no buy ban. The govt
doesn't even have to tell you what got you on that list. We don't even know what can get you on the list. Can Alan Gura be put on the list for beating the hell out of our government in court? How would he know until he was arrested for trying to buy another gun?

They can no longer pass arbitrary bans they will base them on actions of individuals until almost all of us are banned unless we stop them in their tracks.