Thursday, December 31, 2015

Be Afraid of California's AB 1014

Trigger Warning:
California in 2016? comeandtakeitamerica.com
"It's possibly prohibiting lawful gun owners their Second Amendment right," said Ben Moran the general manager of Second Amendment Sports.
A person's firearms could be taken away for 21 days if someone can prove to a judge that person poses a threat.
"Poses an immediate and present danger of causing personal danger to himself, herself or another," said attorney Emily Taylor.
However some gun owners fear the law could be used improperly.
"People hold grudges, it could be a family member that just doesn't like you and doesn't like guns and could hold that against them," Moran said.
Honestly, Californians need to be more worried about this than they actually are.  What you essentially have with A.B. 1014 is a law that allows the authorities to take away a person's constitutional rights without any due process.  It's true that there is a hearing that needs to be conducted before a temporary gun violence restraining order can be issued.  It's also true that evidence needs to be presented at this hearing.  However, the big sticking point with this law is the accused is not present while this is happening.  The accused is not even so much as TOLD that there will be a hearing that determines whether or not their second amendment rights will be taken away.  The only time the accused is involved in the process is when the police literally show up at their doorstep to serve the order and take their guns away.

How anyone can think that a law that would take away a person's right to due process AND their right to face their accuser is a good idea is beyond me.  The potential for abuse in this law is laughably high.  What's to stop someone with an ax to grind from making things up and accusing someone out of spite?  Sure there's a provision that makes it a crime to lie at one of these proceedings, but how much of a deterrent is that going to be?  Additionally, the turnaround for one of these temporary gun violence restraining orders is supposed to be a day at most.  How much investigation can really be done in that amount of time?  I'd wager that most people who make false accusations under this law would get away with it.

A.B. 1014 is an absolutely horrible law with terrible implications for all Americans.  California, and the rest of the country, needs to wake up and realize what's going on.  Otherwise we all may find our constitutional rights being taken away by this and similar pieces of legislation.

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