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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-24-2013, 10:10 PM
Markinsac Markinsac is offline
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Default 2013 CA AB 174 - Bonta - As of 3/19, no longer a 2A bill.

3/19/2013 - has been amended to public school health centers - no longer a 2A bill



An attempt to delete all grandfather clauses on guns already owned.

ETA - link to bill: http://leginfo.legislature.ca.gov/fa...201320140AB174
// Librarian

Quote:
AB 174, as introduced, Bonta. Weapons: grandfather clauses.
Existing law prohibits the possession of various weapons. Under existing law, certain of these bans exempted from their scope weapons that were possessed prior to the ban, if prescribed conditions met, are authorized.
This bill would declare the intent of the Legislature to subsequently amend this bill to include provisions that would end all of those exemptions.
Digest KeyVote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

--------------------------------------------------------------------------------
Bill Text

The people of the State of California do enact as follows:


SECTION 1. Under current law, certain banned weapons are permitted under various “grandfathering in” clauses. It is the intent of the Legislature to subsequently amend this measure to include provisions that would end all of those exemptions.

Last edited by Markinsac; 03-19-2013 at 10:19 PM.. Reason: Bill has been amended out of 2A area.
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  #2  
Old 01-24-2013, 10:48 PM
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But, but, but... all my Democrat friends insist that the Government doesn't want to take away any of my guns!!!

Seriously, I hope that there is some shred of intellect left in the CA legislature, so that this can be killed in committee. If not, I suppose Jerry may have the legal wisdom to not sign this thing and save the state some serious trouble.

Not holding my breath, though...
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  #3  
Old 01-24-2013, 10:54 PM
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There is no shred of intellect in this pinhead. Still has his first election diapers on and he's already proposing crap legislation. Democratic supermajority, whoopee!!!
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  #4  
Old 01-24-2013, 10:58 PM
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i can't think of a gun that is "grand fathered in" here in CA. If they passed a law against it, it had to be registered, and the law banned transfers.
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Old 01-24-2013, 11:03 PM
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Quote:
Originally Posted by mag360 View Post
i can't think of a gun that is "grand fathered in" here in CA. If they passed a law against it, it had to be registered, and the law banned transfers.
This bill simply makes yesterday's registration tomorrow's confiscation. If you complied and registered an AW this bill means that they will be stopping by to pick it up. It's clearly a taking so they will have to at least compensate for the confiscated items.

OK, there is no text to the bill, just a statement of intent. Time will tell.

Last edited by cleonard; 01-24-2013 at 11:10 PM..
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  #6  
Old 01-24-2013, 11:44 PM
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You cant *not* have a grandfather clause, and removing the existing one creates a slew of felons. Wtf.
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  #7  
Old 01-24-2013, 11:49 PM
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Quote:
Originally Posted by Sakiri View Post
You cant *not* have a grandfather clause, and removing the existing one creates a slew of felons. Wtf.
Sure they can, as the gentleman before you points out, they have your name and address and 2 armed public servants will be over at 5pm to collect them from you so you do not put yourself in a situation where you are committing a felony
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Old 01-25-2013, 12:14 AM
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Y'all relax.

The Right People are all over this kind of proposed legislation.

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  #9  
Old 01-25-2013, 12:29 AM
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Wow. So Yee's SB47 lets us keep and register if we own a preban BB AR, but this guy comes in and swoops them all up

Checkmate! We're dealing with genius's here .. they are 2-3 moves ahead
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  #10  
Old 01-25-2013, 12:39 AM
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Originally Posted by Vlad 11 View Post
Wow. So Yee's SB47 lets us keep and register if we own a preban BB AR, but this guy comes in and swoops them all up

Checkmate! We're dealing with genius's here .. they are 2-3 moves ahead
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  #11  
Old 01-25-2013, 1:00 AM
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Well, the budget is wrapped-up, highways are good to go, heck -all the infrastructure looks golden. Those schools, universities and all that should fix themselves right up with all those smart folks in 'em... Guess we just need to grab all those guns lying around and we can take care of all that crime right quick! Phew, this legislatin' is tough work!
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  #12  
Old 01-25-2013, 3:26 AM
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And now you see why we mock them. Their efforts would be rather amusing if it weren't our rights they were trying to violate.

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Quote:
Originally Posted by Vlad 11 View Post
Wow. So Yee's SB47 lets us keep and register if we own a preban BB AR, but this guy comes in and swoops them all up

Checkmate! We're dealing with genius's here .. they are 2-3 moves ahead
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  #13  
Old 01-25-2013, 3:51 AM
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The scary thing is in this communist state; ALL this crap could come true!!!
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Old 01-25-2013, 4:01 AM
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There is not enough money in this state to confiscate all of the RAWs at current market value or settle the suits that would arise otherwise.
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  #15  
Old 01-25-2013, 4:23 AM
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Originally Posted by Dutch3 View Post
There is not enough money in this state to confiscate all of the RAWs at current market value or settle the suits that would arise otherwise.
HAH!!! Who said anything about fair market value? I think they just wanna take em and tell you F off.
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Old 01-25-2013, 4:28 AM
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Quote:
Originally Posted by Dutch3 View Post
There is not enough money in this state to confiscate all of the RAWs at current market value or settle the suits that would arise otherwise.
Yeah... It was called the "Stimulus package"... You'll be getting your own tax dollars back!!

Then they'll tax you on it come tax time cause its "earned income"

Last edited by HDgasser; 01-25-2013 at 4:52 AM..
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  #17  
Old 01-25-2013, 4:56 AM
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I think they consistently underestimate how many hundreds of thousands of these guns are in circulation. The state does not have the money to compensate for all the "grandfathered" guns.

At least he can tell his constituents that he tried to save the beh-behs.
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Old 01-25-2013, 5:07 AM
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And people say we have pro gun demokrats here. Stupidity at its best.f
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Public Safety Chairman Reggie Jones Sawyer, D-Los Angeles said, “This is California; we don’t pay too much attention to the Constitution,”
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
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Old 01-25-2013, 5:09 AM
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Quote:
Originally Posted by zoid52 View Post
The scary thing is in this communist state; ALL this crap could come true!!!
Right. So much for the nasayers right here on calguns. .. "it'll never happen here", "we're too evolved for that to happen" etc. etc. All it takes is ONE seat on SCOTUS and they could and will gut the 2nd.
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Old 01-25-2013, 6:32 AM
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  #21  
Old 01-25-2013, 6:52 AM
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If I had guns and ammo they wanted I would let them have my ammo 1st. jk.
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  #22  
Old 01-25-2013, 6:58 AM
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where, do these people come from??? what planet ???
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  #23  
Old 01-25-2013, 7:20 AM
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Quote:
Originally Posted by Dutch3 View Post
There is not enough money in this state to confiscate all of the RAWs at current market value or settle the suits that would arise otherwise.
Quote:
Originally Posted by cdtx2001 View Post
HAH!!! Who said anything about fair market value? I think they just wanna take em and tell you F off.
Yes, and there's not enough money in this state to do lots of things they do - increasing the debt of California.

They shall simply "borrow" the resources necessary to implement their change for us, then worry about paying for the services at a later date - or not...

A.W.D.
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Old 01-25-2013, 7:22 AM
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4A rights violation would be a billion dollar lawsuit
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Old 01-25-2013, 7:31 AM
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Bonta graduated with honors from Yale College with a degree in History. Was he asleep that day they covered the 2nd Ammendment?
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Old 01-25-2013, 7:32 AM
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WTF do they plan to do? Knock on every door to take our guns ???
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Old 01-25-2013, 7:36 AM
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It's not what Bonta knows, but what he knows that just isn't so.
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  #28  
Old 01-25-2013, 7:39 AM
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These "grandfather" clauses are not there because the legislature wants to be nice to gun owners. These clauses are there because ex post facto laws are unconstitutional.

You may as well say, I know it was perfectly legal to drive down 1st st last week, but we are making it illegal, and further anyone who in fact drove down 1st st, ever is guilty of breaking that law.

This is a non-starter. I am also dumbfounded that this would even be broached by a member of the legislature.

Disgusting.
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Old 01-25-2013, 7:47 AM
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Quote:
Originally Posted by IPSICK View Post
There is no shred of intellect in this pinhead. Still has his first election diapers on and he's already proposing crap legislation. Democratic supermajority, whoopee!!!
Don't worry, as he gets more experience, he'll get even better at proposing even worse legislation.
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Old 01-25-2013, 7:51 AM
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Originally Posted by Rusty_Rebar View Post
These "grandfather" clauses are not there because the legislature wants to be nice to gun owners. These clauses are there because ex post facto laws are unconstitutional.

You may as well say, I know it was perfectly legal to drive down 1st st last week, but we are making it illegal, and further anyone who in fact drove down 1st st, ever is guilty of breaking that law.

This is a non-starter. I am also dumbfounded that this would even be broached by a member of the legislature.

Disgusting.
This guy is the reason that I propose a Constitutional Amendment permanently banning ANY author/co-author of ANY legislation found to be in violation of the Constitution.

There should be VERY SEVERE penalties for trying to violate the highest law of our land. These "servants" continually dance around the grey areas of the Constitution, and if they go too far, they just get to try again and again until the courts either allow their transgression or the people run out of money to fight in the courts.

This should be a "one and done" offense. Serving in politics is a PRIVILEDGE, not a RIGHT. Using that privilege to violate other's rights should have severe repercussions. I would even suggest that willfully violating the Constitution is a form of treason, but that's a future amendment.
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  #31  
Old 01-25-2013, 7:58 AM
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I wrote my Assemblyman (Dan Logue) the following (as Mr Bonta does not want to hear from people outside his district).

Quote:
Can you please bring this up with Assemblyman Bonta?

I am writing you because I see AB174, Weapons: grandfather clauses has been introduced by Assemblyman Bonta. I am greatly concerned with this legislation.

I am truly amazed that such a bill would be introduced by a member of our legislature. This bill clearly shows a complete lack of understanding as to how our government works.

To take something that is legal, and retroactively make it illegal amounts to an Ex Post Facto law.

"An ex post facto law (from the Latin for "from after the action" or "after the fact"), also called a retroactive law, is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed,"

Please reference US Constitution Article 1 Sections 9 and 10. Section 9 relates to the Congress, Section 10 relates to the states.

"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility." -- US Constitution Article 1 Section 10

Is this somehow unclear?

Reply requested to my email. rusty.rebar@gmail.com


Thank you for your time.
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Old 01-25-2013, 8:13 AM
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You can contact him through his website: http://www.robbonta.com/contact/

I C&Pd your email with a little change, hope thats alright
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Old 01-25-2013, 8:17 AM
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Originally Posted by Hoooper View Post
You can contact him through his website: http://www.robbonta.com/contact/

I C&Pd your email with a little change, hope thats alright
Anything I write here on this public forum I consider to be creative commons, anyone is free to take what I have written and do what they like with it. I don't even care if you attribute it to me, although if you change things, I would prefer you do not attribute it to me, as you have then made it yours.
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Old 01-25-2013, 8:53 AM
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Originally Posted by wildhawker View Post
And now you see why we mock them. Their efforts would be rather amusing if it weren't our rights they were trying to violate.

-Brandon
QFT!
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  #35  
Old 01-25-2013, 9:00 AM
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Quote:
Originally Posted by stitchnicklas View Post
4A rights violation would be a billion dollar lawsuit
And, exactly who would be paying for this lawsuit? Exactly who would be getting the money from said lawsuit? And how long would it take to fight in court?

Maybe this is the new stimulus package. Create a law so ridiculously illegal that the lawsuit forces the state to raise taxes (like they need an excuse), then they refuse to pay claiming they had to use the money to pay off the pre--existing debt first.
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  #36  
Old 01-25-2013, 9:00 AM
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But I thought our poly-tick-shuns were there to help us !!!



I just made myself laugh......
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  #37  
Old 01-25-2013, 9:06 AM
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think its time for me to go back to indian lands...
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  #38  
Old 01-25-2013, 9:21 AM
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To those saying this is illegal: you are right but it doesn't matter.

If this passes...

The state will access the AW registry records and send uniformed police to those residences to confiscate the now illegal "assault rifles".

Most will scream and holler, but to protect themselves and their families, they will turn them over and vow to fight this in the courts.

It will take months for this to make its way through the legal system, and during that time your rifle(s) will be turned into little pools of molten aluminum.

The courts will rule this was unconstitutional and that the rifles need to be returned or the owner properly compensated. Because it was already destroyed, they will have to pay the compensation.

The state will then move money from education/first responders/parks to pay for this. Next, they will go to the taxpayers and claim that to keep these services running they need another tax increase.

The sheep of this state will vote in the tax increase (it's for the children!) and you will have paid for your rifle(s) twice; once at the store and again at tax time.

Our handlers in Sacramento will view this as win/win. They get rid of all the "scarey" rifles and get a permanent tax hike as well.

Don't think this will happen? Look at how the bullet train to nowhere keeps getting funded...

-Ruskie
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Old 01-25-2013, 9:27 AM
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its funny how boating accidents seem to happen and then you usually find everything you lost in that accident not long after the law is ruled against. coincidences are funny things
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Old 01-25-2013, 9:40 AM
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RuskieShooter RuskieShooter is offline
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Quote:
Originally Posted by Hoooper View Post
its funny how boating accidents seem to happen and then you usually find everything you lost in that accident not long after the law is ruled against. coincidences are funny things
I hope you have it well hidden, because I'll place any bet you want that when those officers show up they will have a shiny new search warrant in their hands...

-Ruskie
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The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed - where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

-Hon. Alex Kozinski (Silvera v Lockyer, 2003)
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