Is this comment concerning the safe affidavit FUD?

[Steve_In_29]

I was talking to a guy at the ammo counter in Walmart today and he said something I have never heard of before.
Which was:

"By signing the CA Safe Affidavit you were agreeing to DOJ being able to come to your house to inspect your safe at any time they want."

Sound like BS to me but thought I would ask the experts.

[Librarian]

Here's the form: http://oag.ca.gov/sites/all/files/ag...s/bof_978.pdf?

Do you see anything like that in the document?

[Exospeed]

Are you saying they are making people sign a safe affidavit for purchasing ammo? or did I just read that wrong.

[johnthomas]

If a child in your house gets hurt or hurts someone else with a firearm, I am sure the question about a safe will come up. It doesn't take much to find out how long you have had the gun and put 2 and 2 together. I have never heard signing the form is giving up your 4th and 5th amendment rights.

[Steve_In_29]

Here's the form: http://oag.ca.gov/sites/all/files/ag...s/bof_978.pdf?

Do you see anything like that in the document?

Sorry I should have been a little more specific. He said there was a provision in the underlying law/penal code that allowed the search, not that it was on the form itself. The lack of such a statement on the form was why he stated people didn't realize what they were actually agreeing to with their signature.

As I said it sounded fishy to me since I have never heard even a hint of such a thing on any of the gun forums but I wouldn't put anything past CA.

[CWDraco]

People have argued that before stating the signing of any affidavit allows for compliance. This isnt just a gun safe thing. You are legally stating you are in compliance and they have the right to check on that.

^ You have given up your 5th by signing. Your 5th would only be for when other charges could come to bear on you.

[Librarian]

People have argued that before stating the signing of any affidavit allows for compliance. This isnt just a gun safe thing. You are legally stating you are in compliance and they have the right to check on that.

^ You have given up your 5th by signing. Your 5th would only be for when other charges could come to bear on you.

I don't agree.

Nothing in CA law requires actually using the 'safety devices'; there's nothing that allows an inspection or other access to one's home or gun storage location on the 'safety device' issue alone.

But if one were charged with some other crime, and if the question of having or not having a safe (as one swears to on the affidavit) should come up, a charge of perjury might result.

[4DSJW]

People have argued that before stating the signing of any affidavit allows for compliance. This isnt just a gun safe thing. You are legally stating you are in compliance and they have the right to check on that.

^ You have given up your 5th by signing. Your 5th would only be for when other charges could come to bear on you.

OMG!!! Given up your 5th amendment rights?! Please cite the section of the PC that you think applies to this situation. And if you can't, then maybe you should stop spreading such information.

[DSB]

Do you also get medical advice from Walmart employees?

[Steve_In_29]

Do you also get medical advice from Walmart employees?

Do you always NOT comprehend what you read?

I don't take ANY advice from Walmart people (employees or shoppers).

I am just asking about something I was told that I DON'T believe to be true.

[tonyxcom]

And the unfortunate thing is that someone will read this, and not remember exactly what they read and continue to spread this FUD.

[Ron-Solo]

You had me at Walmart

[CWDraco]

OMG!!! Given up your 5th amendment rights?! Please cite the section of the PC that you think applies to this situation. And if you can't, then maybe you should stop spreading such information.

You only have a 5thA when you are charged with a crime or are being investigated in relation to a crime. The signed document is your statement.

You are signing a document stating something is true. At that point you have given up the right to self-incrimination in relation to that document. Its either true or fraud.

JohnThomas stated he never heard signing the doc gave up your 5thA. I was pointing out the 5th has nothing to do with it after its signed.

You may refuse to testify or refuse to offer statements related to the safe and signing the document, but you have no 5thA surrounding it or stopping that document from being evidence of a crime and a second crime of fraud.

If Police have PC to search your home, that supersedes your 4thA, you have no 4thA.
If Police have PC to draw your blood, Your right to self-incrimination is void, you have no 5thA.
If Police have PC to investigate the safe affidavit, you have no 4th or 5th. They can use the signed document as one element to get a warrant if they choose. they can also submit that document as evidence against you.

You can't declare X on an affidavit, then say X would incriminate you in a crime when questions on Xs validity come into play. The document is signed already. It's either true or its not.

I sign a document saying I have a safe. If questioned about it, my signature is my statement, "I have a safe."

The sequence of events would start with unsafe storage charges, like a child in your home shot someone. When investigating that event I have no 5thA right to stop that affidavit from being used against me in court.

So in the real world, compliance becomes relevant in any investigation.

[M1NM]

I sold my safe and now use other means to secure my guns. Is my safe affidavit now null & void?

[CWDraco]

OMG!!! Given up your 5th amendment rights?! Please cite the section of the PC that you think applies to this situation. And if you can't, then maybe you should stop spreading such information.

I sold my safe and now use other means to secure my guns. Is my safe affidavit now null & void?

For future firearms, yes its void. You can't say since you once owned a safe, you don't have to buy a lock. For past deeds, no. It can still be used against you if you offer no rebuttal to it.

So there is PC to find this safe or to investigate this affidavit. The signed document is evidence.