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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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#41
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If we want to talk about a process for folks to try to get their firearm rights restored, I'm all for talking about it. I'm also all for restoring different rights lost by those who have been incarcerated for felonies. But I'm not willing to throw the baby out with the bathwater. I'll restore those rights given the right process (which no one wants to talk about because they'd rather rail about how the guy fresh from the psych ward for violence should be handed his firearms in a paper bag with his shoelaces and belt), but not get rid of the necessary laws for public safety. If you haven't met people whose mental illness makes them permanently unsafe to own or handle firearms, you haven't worked long enough with the mentally ill. It's only 0.01%, but they are out there and you do not want them armed. |
#42
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Tell us, how accurate is this hallowed psych hold/prohibition process you describe? IOTW, how many times out of 100 does it capture an "innocent" person?
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Stand up and be counted, or lay down and be mounted... -Mac |
#43
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Or so I understand. Sent from my E6810 using Tapatalk |
#44
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A person committed under the "Gravely Disabled" clause of WIC 5150 does not lose their firearms rights.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#45
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Sent from my E6810 using Tapatalk |
#46
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The firearms prohibitions resulting from a WIC 5150 are laid out in WIC 8103(f)(1). Here is the exact text (with bold font for emphasis): "No person who has been (A) taken into custody as provided in Section 5150 because that person is a danger to himself, herself, or to others, (B) assessed within the meaning of Section 5151, and (C) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to himself, herself, or others, shall own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm for a period of five years after the person is released from the facility. A person described in the preceding sentence, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase any firearm if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6)." Please note that there are three clauses contained in WIC 5150: 1) Danger to self, 2) Danger to others, and 3) Gravely Disabled. Section 8103 only creates a five year prohibition on folks committed under the Danger to self or others clauses. There is no prohibition imposed on folks committed under the Gravely Disabled clause.
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If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. |
#47
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Sent from my E6810 using Tapatalk |
#48
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I'll just leave this here: http://jpfo.org/filegen-a-m/GCA_68.htm
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Constitutionally, officials cannot license or register a fundamental right. "It is the first responsibility of every citizen to question authority." - Benjamin Franklin Quote:
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