California Governor Brown has signed a bill that will allow the elimination of Second Amendment Rights with only an accusation from family, friends, or "acquaintances". With only the accusers statement, firearms would be seized for an "indeterminate" period. Appeal would come later, before California's notoriously anti-gun judiciary.
This is probably the most draconian, dangerous and un-Constitutional law ever in California. The potential for abuse should be apparent. It will certainly become the standard tool of divorce attorneys, as well as when there are disputes between family members, neighbors, coworkers, government bureaucrats, etc.
Dang!
ReplyDeleteHow long before this is challenged, do you think? Will the courts require someone actually have their guns confiscated before they acknowledge standing, or will they allow a prima facie Fourth Amendment (due process deprivation) challenge?
Someone is going to have to be deprived of their rights - I'm sure the SAF will be watching. Unfortunately, I don't believe they'll have to wait long; this law is rife for abuse.
ReplyDeleteWorrisome: there's a similar law where domestic or child abuse can be alleged with similar immediate loss of rights. It's a standard, almost universal tactic of divorce attorneys. In Cali, the judge is required by law to issue the protective order. It's a win/win, as the defendant is put in the impossible position of proving himself absolutely innocent of a very nebulous standard. The accuser is almost very rarely (never) prosecuted for perjury. I don't know if it has been challenged in court yet.
I don't know Governor Moonbeam's marital status, but it is my hope that someday a messy divorce ends up with him being the recipient of the same reckless law he signed and his unprotected posterior hanging out there for a slew of whack jobs to take pot shots at it.
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