Prop 47 question

[Foul Ball]

I'm not looking for opinions on this because it is pretty clear from the other post what the majority feels about it. My question is how exactly do you guys go about handling a situation where you come into contact with someone with a stolen firearm that you know is valued under $950 like say a glock? I assume the person would still be arrested and it would be left up to the courts to determine the punishment, but I'm not law enforcement so that's why I'm asking. I wouldn't think it would be a situation where you would take the firearm and write a ticket for a court appearance. FYI I voted NO for many reasons and thank you guys for your service, I know it has been a tough time for you all these last couple of weeks.

[SoCalDep]

They would likely be arrested but upon confirmation of identity at booking they would be released on a citation. They stole a gun for a reason... Guns aren't the only way to accomplish goals... and a ticket isn't much of a deterrent to a person who just STOLE A GUN.

So in short... Yes, they'd probably be arrested, but in effect...It's a ticket.

That said...Hopefully most gun theft would be a burg...but from a gun store... good job Prop 47!

[TrailerparkTrash]

Yup, the news today said that just in San Diego county ALONE, there is 200,000 F E L O N S that are now eligible to have their felonies resentenced down to misdemeanors. Thanks California jack azz voters. The state prisons are going to release probably 30,000 felons back into YOUR neighborhoods, only to commit more crimes. I hope this state implodes.

Drug users have daily habits. Drug users drive cars and operate machinery under the influence. Stay out of their way!

[Gnome]

^ This.

[nickbackouris]

Haven't had one yet, but here's my thought process.

There are a few crimes that weren't reduced that are hopefully still in play, like 11550(e) - high with a gun or 11370.1 - dope dealer with a loaded gun and dope. Both are felonies.

Outside of one of those or other similar crimes being met, and all it is determined to be is possession of a stolen gun, then crook gets arrested and booked, though I think it's a book and release here. Not 100% sure, I still need to memorize about twenty pages of legal update.

[omgwtfbbq]

What I don't think a lot of voters understood, even many parts of the LE community included, is that Prop 47 which was sold as a means to reduce jail/prison population and increase offenders entering treatment programs instead is actually likely to decimate the diversion programs set up at the local and state level to prevent people from serving time and encouraging them enter treatment.

Deferred Entry of Judgment, PC 1210/Prop 36, and Drug Court diversion programs are likely to be wiped out as the bread and butter of their clientele are on for simple possession of hard drugs. Drug Court is actually one of the few diversion programs that has evidence behind it showing it works at getting long term addicts out of the system, and yet, prop 47 may end up pretty much gutting it.

In addition which the lower 1 year maximum terms, I imagine courts are going to be pushing the maximum term on possession charges, which means someone that would normally be getting 60 days and 3 years probation may end up staying 6 months in custody and then walking away free of paper and with not rehabilitative processes taking place.

The courts could decide to push summary probation of simple possession cases, but let's be honest, courts don't actually supervise these offenders, they're just searchable by LE, but is nice, but doesn't address the crime reduction portion because if you do pop a summary probationer with dope, the best case scenario is he/she ends up back on summary probation after a short stint in custody.

If this happens, we might be looking at even higher rates of incarceration rather than lower rates and much lower rates of participation in treatment programs. So... Exactly the opposite of how the proposition was sold to the public.

PS: I say "if" and "could" because at this point, no one of really know how the courts are going to react. I know my agency doesn't even really have a game plan on how to deal with the changes outside of a two page brief the DA's office sent us.

[5ohguy]

Not to mention those prior felons will now be able to vote and buy guns...

[kygen]

Drug users have daily habits. Drug users drive cars and operate machinery under the influence. Stay out of their way!

So do people who drink

[kygen]

Not to mention those prior felons will now be able to vote and buy guns...

Personally, I don't believe you deserve to lose the right to self defense strictly because you cheated on your taxes, or committed fraud. But thats just me.

[code_blue]

Personally, I don't believe you deserve to lose the right to self defense strictly because you cheated on your taxes, or committed fraud. But thats just me.

In a true SD situation, you have a right to defend yourself by whatever means necessary to protect your life. SD is SD.

This, however, does not mean that you have a right to carry an SD tool, prohibited by law, based on your status as a felon. You will still be prosecuted for illegally carrying.

You lose your rights by committing the felony that restricts you from the rights that regular people have ergo you shouldn't have committed the felony to begin with.

EDIT: Arghhhh California...

[eviioiive]

They're not even doing half time right now... It's closer to 1/12 time

[yzErnie]

A reaction from California voters who prototypically fail to educate themselves on the issues before they go to the polls. If they knew the real intent of Prop 47 would it have still passed?...I'm guessing so, just like Moonbeam and Kamala getting reelected.

[Bobby Ricigliano]

The concept of reducing punishments for habitual drug users does not account for the fact that these people generally do not hold jobs, and will be out there capering to sustain their habit. This law will have a terrible ripple effect.

[TRICKSTER]

Never underestimate the power of stupid people in large groups.

[IlDuche]

In San Francisco they would be cited and released either at scene or at the station. They would not go to jail at all.

Furthermore I know cops now who simply stopped arresting any narc possession subjects. Because they get cited and released at scene, and the cop still has to write an arrest report and then test dope/book dope at the hall manually. So they just stopped altogether.