When California’s new law takes effect on Friday, your Second Amendment rights will be in the hands of your ex-girlfriend.
Or ex-wife, or therapist or neighbor – anyone, really, who doesn’t like you.
The “Gun Violence Restraining Order” act, which goes into effect the first of the year, gives the state authority (it claims) to seize all your legally-owned weapons for up to three weeks based on nothing but someone else’s word.
A judge – after hearing “concerns” from just about anyone who claims to know you, can sign a search and seizure order, giving police full authority to bust into your home and seize your firearms.
This can all be done without you ever knowing, The Daily Caller is reporting. You are not a party to the complaint and you have no way of contesting the seizure or getting your firearms back until after the three-week “cooling-off” period has expired. Then you are required to prove you’re not a public menace to get your guns back. If you don’t, the judge can extend the seizure for up to one year.
The person who wants your guns taken away need not provide any proof or any evidence whatsoever that you’re a danger to yourself or others. Some of the reasons (but not all) a judge can sign off on the seizure are vague and ridiculous. They include: any prior arrest for a felony (conviction not necessary); reckless “display or brandishing” of a firearm; threatened use of physical force; and, my personal favorite: “evidence of recent acquisition of firearms, ammunition or other deadly weapons.”
This means if you’ve done nothing but bought a gun recently, you are subject to having them confiscated.
When the police break down your door and ransack your home looking for your guns, they’re required to provide you this notice:
“To the restrained person: This order is valid until the expiration date and time noted above. You are required to surrender all firearms and ammunition that you own or possess in accordance with Section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive a firearm or ammunition, while this order is in effect. A hearing will be held on the date and at the time noted above to determine if a more permanent gun violence restraining order should be issued. Failure to appear at that hearing may result in a court making an order against you that is valid for a year. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order.”
The devil’s in the details. California calls it a “Gun Violence Restraining Order” but what it should be called is the “Second Amendment Elimination Act.”
Californians, you have been warned.