Harsanyi: California Can Now Grab Your Guns Without Due Process

courtesy FN America

“The notion that certain Americans are pre-emptively guilty of wrongdoing, whether there’s any corroborating evidence to back up an accusation or not, isn’t reserved for conservatives who happen to be in contention for a Supreme Court seat. In the hierarchy of progressive values, due process is a bottom dweller.”

“Federal law already prohibits the sale of a gun to anyone who “has been adjudicated as a mental defective.” Until now, a person had an option to appeal the ban and show “a preponderance of evidence” that he would use firearms in “a safe and lawful manner.” Now California bans onetime patients from owning firearms for the rest of their lives. This is an excellent way to stigmatize people who suffer from maladies that often have nothing to do with violence or criminality.

“Another California law allows police to verbally ask to confiscate a gun rather than make their case in a written request. Under “red flag laws,” guns can be confiscated from citizens who’ve never been charged with, much less convicted of, breaking any law. And it’s getting easier and easier to do it.” – David Harsanyi in Democrats’ New Anti-Gun Laws are Also an Attack On Due Process

comments

  1. avatar little horn says:

    funny that the state with the most police brutality and corruption issues wants to disarm everyone. i guess only non Californians realize that.

    1. avatar CZJay says:

      Black people protested while white people stood by as the representatives they voted in took their rights:

      The NRA were no friend.of the people (dare I say black people?) as they supported the infringements. Soon after the rest of the country’s representatives voted for the Gun Control Act.

      Now every group is united in removing the right of self preservation with modern tools from the people and giving the government a monopoly on force of arms, thus making it illegal to stand in armed opposition to any immorality the government chooses to carry out. Democrats make it one of their core tenets and Republicans aid them in passage of their goals. Even current NRA members are for some gun control as they were decades ago.

      You can talk bad of current day Californians, especially minorities, but you can’t ignore that most of the issues in the country were created and supported by the majority [white people] way before the demographic shift. Without the apathy or support of the majority you cannot get something passed. So, don’t blame the minorities for all the bad. Take a look in the mirror then get to work on yourself and your people.

      1. avatar 16V says:

        Meh. The bad actor was then Gov RINO Ronnie Reagan. Arguably one of the worst anti-gun Presidents ever.

        1. avatar CZJay says:

          Wasn’t the Mulford Act named after a Republican? Wasn’t Regan a Republican? Isn’t Regan considered one of the best Republicans by the Republican party? Wasn’t Lyndon B. Johnson a Texan? Didn’t the NRA aid or support such gun control? At the time, wasn’t the country controlled by whites not Mexicans, blacks or women?

          Acknowledge reality and move on. It’s necessary for progress. Don’t create a cognitive “safe space.”

        2. avatar Bob Jones says:

          During Regan’s presidency, I purchased many MSRs. Bush was much more anti-gun than Reagan and did the import ban.
          Regan restored the US from Carter’s “National Malaise “. If you didn’t live through four years of Carter’s incompetence as an adult, you don’t know how horrifically bad Carter was. The US was the planet’s laughingstock.

        3. avatar Weiner's pants puppet says:

          Spoken like a true Obamaista. LOL.

      2. avatar frijoli says:

        I wasn’t there.
        Should we do nothing now because something wrong happened before?
        I don’t need to reflect, I know what’s right; I know what’s wrong. I know where, and by who.

      3. avatar William Talaber says:

        The Kal-i-fornia Gestapo wants to disarm persons who would protect themselves from the illegals whom the State loves. The State hates those who find their love affair with illegals and the homeless something sick. Your whacko Governor, Jerry “Moonbeam” Brown is also an angry white man who works against his own best interest. But, HE lives in a gated residence with armed security….

    2. avatar Ed STRINGER says:

      Think of it as redistribution of Guns , from the citizen to the Police state and Criminals

    3. avatar frank speak says:

      you can blame trump for that…his “comment” gave them the green light…

  2. avatar Ing says:

    “Another California law allows police to verbally ask to confiscate a gun…” What happens if you say no?

    1. avatar Scott says:

      You get Waco’d.

      1. avatar FedUp says:

        The cops in LA county know how to start a fire. Just ask Chris Dorner.

        1. avatar CZJay says:

          And he was one of them… Imagine what they would do to you.

    2. avatar CZJay says:

      Other states have similar “red flag” laws.

      Governments gave itself the power to confiscate guns from people via armed enforcers. They specifically wrote in that police could petition for government authorization to confiscate your property and suppress your right to self preservation if they feel you are mentally unstable, a threat to yourself or others. It’s inherently an incremental move towards government decided confiscation for whatever reason from whomever.

      Why did the government decide it was okay to give police the same power as the family? Maybe because when you are one of those “sovereign citizen” types exercising your right to openly carry whatever gun you feel like, the police will describe you as “a strange person, who appears to be unstable, with concerning abnormal behaviors,” thereby allowing them to get permission to disarm you, keep your guns and ban you from buying more.

      -No due process
      -Government allows government to give government permission to remove your rights

      Gunshine state Republicans love it.

  3. avatar Scott says:

    This and civil asset forfeiture both need to go away as they are both egregious violations of property rights.

    1. avatar CZJay says:

      How is government going to get a Z06 police car, a $3,000 1911 service weapon, a drone for surveillance and so on? How are they going to afford a MRAP if they have to use only the money given to them rather the money taken?

      Are you not an American patriot? Don’t you support law enforcement? Don’t you love our men and women in uniform? I am thinking that you don’t… You’re either with us or against us, libtard!

  4. avatar Ed Schrade says:

    The reason all the socialists in D C have been screaming about getting a constitutionalist judge on the supreme court is because all of the illegal state gun control laws can be challenged and defeated as of now. The easiest way ( which will not be done because it’s too easy ) to get rid of infringements would be to declare all existing gun control laws back to 1934 as being unconstitutional. I know, I’m dreaming.

    1. avatar CZJay says:

      But Bret isn’t a constitutionalist.

      Dreaming? Maybe. Just don’t be surprised.

  5. avatar LIAMD34 says:

    Seems that Justice Kavanaugh would be keenly enthusiastic about defending due process.

    1. avatar el Possum Guapo Standartenfuher " they think we're making pizza's Oberst von Burn says:

      Thats for them, not for us

      1. avatar CZJay says:

        Wait? I can’t buy a new full auto short barreled AR-15, but the police department can? I thought they were civilians too. I guess they are special in their own kind of way and the rest of us are nothing special. At least they don’t get to take them home after work.

        1. avatar Sieth says:

          It pays to so your research. COPS are not just “Civilians”. It’s the potential fight of toe to toe, knive to knife or gun to gun. If you’re paid by the population to protect them with your life, why the hell would you if all you have is a simi auto pistol at best and the bank robber / Mass shooter has a full auto AR…..SMDH. Not in this violent country. They are given and trained with tools to use only when needed as needed for all kinds of situations. Now, do you have dumbass COPS that do stupid crap. Yeppers, just like you have dumbass people. Oh and most LE’s take home all of their issued weapons. California is on a whole other strange plane of existence. So no, some COPS out there check out and in their duty weapons every shift. Not so much in other States, especially small towns.

        2. avatar frijoli says:

          Seith, COPS are just exactly that. Civilians.
          COPS are the worst trained shooters I have seen.

          PS, the criminals already have full auto weapons.

  6. avatar el Possum Guapo Standartenfuher " they think we're making pizza's Oberst von Burn says:

    California can grab my guns?

    1. avatar CZJay says:

      Watch what you say in public. They are watching what you post. If they are not watching you, some SJW is and the SJWs will do the work for the government.

  7. avatar jwm says:

    The left doesn’t like due process? Good. When newsome gets frog marched out of his office and hanged on the lawn for violating human and civil rights the left will not have a ‘due process’ cause to work with.

    It’s a double edged sword and apparently the left aren’t smart enough to see that.

    1. avatar CZJay says:

      That’s because they have the numbers. They have the power of direct democracy, aka the horde. Hence why they want to get rid of the electoral college, innocent until proven guilty and due process.

  8. avatar Sian says:

    “Now California bans onetime patients from owning firearms for the rest of their lives. This is an excellent way to stigmatize people who suffer from maladies that often have nothing to do with violence or criminality.”

    That’s okay though, in order to avoid the institutional stigma they will simply go untreated, and end up homeless and taking shits on the sidewalk in San Francisco.

    1. avatar CZJay says:

      Bruh, as long as my Yeezy stay clean.

      1. avatar Jhon says:

        Jesus dude. Take your medication and go back to bed.

  9. avatar Frank says:

    This was always the issue. Sure we want at risk/low empowered people like wives of abusers to be able to get relatively easy remedy in the form of domestic restraining orders. Even knowing that peer reviewed studies in legal journals show this is 80% fake/legal process abuse that are just tactics in separation/divorce/custody battles, the other 20% could be said to be worthwhile.

    hence hearsay is allowed in these cases, as is a mountain of types of evidence excluded from criminal cases and indeed from most civil cases is allowed in domestic orders cases. And of course it is not reasonable doubt standard, but preponderance standard. Studies of these also show there is a definite gender bias among both male and female judged against men in the cases as well.

    But all of that slid given what was a very narrow set of constraints on the restraining order target.

    Now with this going to limits on constitutional rights, including a restraining order target’s ability to defend themselves, ability of police to routinely see restraining orders and perhaps make judgements relative to other cases and unrelated circumstances, the profoundly low bar for obtaining them needs to be revisited.

    also the more harm to the restraining order target the MORE of an incentive it is to file nuisance ones as tactics in divorce etc, EG forcing someone to lose $1,000 in transfer, storage, sale and/or new background checks, and also time.

    What a shame. The harms caused by the gun control lobby are now going to include more people abusing restraining order law, as well as on the other hand, more people who should be targets of such orders devoting more assets to fighting them (and cross filing as well).

    I say this from experience with my sister. She filed a restraining order against my ex-brother-in-law as a tactic and then was shocked that he successfully filed against her.

  10. avatar GunnyGene says:

    Believe it or not Mr. Harsanyi, not everyone lives in CA, NJ, NY or some other overpopulated and over regulated State, or gives a shit what they do to themselves. Perhaps you should visit some of the States which actually respect and defend the basic rights of their citizens; just to get a little perspective.

    1. avatar John says:

      Gunny, do you really think this silliness won’t eventually come to the other states or the federal laws?

      Even here in AZ, one of the gun friendliest states there is, we are looking at “Red Flag” laws.

      1. avatar neiowa says:

        Have you not yet embargoed East bound moving vans on I8, 10, 40? WHAT ARE YOU WAITING ON?

        1. avatar John says:

          Sorry, the internet and the “news” media are much more of a danger than the highways are.

      2. avatar GunnyGene says:

        I’m 75. I’ll be dead before it gets to where I live, if it ever does, which is extremely unlikely.

        1. avatar John says:

          That’s fine for you. Might be nice to not sneer at those of us who are not at death’s door. 🙂

        2. avatar John in Ohio says:

          John, the truth is that if this were really a nation of free people who cherish liberty above all else; most of the POTG would be at death’s door, kicking that SOB, demanding to be let in or left alone.

          Perhaps those few who truly understand individual liberty are a defeated people; knowing deep down that the last bastion of freedom is but a nation circling the statist drain. If Americans ever decide to fight back with the ferocity for which the situation calls, they will find that they have put themselves behind a gigantic eight ball by their own delay. There is little honor and no advantage in such tactical stupidity. The rot has gotten too far. The situation will require mass non-stop civil disobedience before there could be any hope to actually move liberty’s books from the red into the black. The methods employed thus far only guarantee that individual liberty will be lost through normalization in a steady war of attrition. Until a generation declares that it stops here and now, liberty will undoubtedly be lost in the long run.

        3. avatar John says:

          A big part of the problem is that every aspect of our informational lives (media, entertainment, education) is relentless training the upcoming generation that “guns are evil” and people who like guns are “murderers in waiting”. And worse, they train them that the most effective tactic to deal with this evil is to attack the people, not the ideas.

          As a result, an ever growing percentage of people buy into the “getting rid of guns will make things better” mantra, and some of the remaining unbrainwashed population are being tempted to the dark side.

          As for people willing to fight for right, we are being trained (and medicated) to NOT fight. Those in charge WANT dependent and helpless people to give them total power.

      3. avatar KBonLI says:

        Look what is happening in Florida or any other state where New Yorkers or Californians eventually move.

  11. avatar GunnyGene says:

    @ John.

    Just stating the fact. If I was “sneering”, you’d know it.

  12. As Usual, more ‘statist’ bad news… Geez what’s next, police departments writing up and issuing THEIR own search warrants!!!? So where are all the Great American Patriots at..? Did they die with Paul Revere, Sam Adams, Etc…?

    1. avatar KBonLI says:

      Yes.

  13. avatar Gralnok says:

    Now hold your horses, everyone. Click the link and you’ll find that this is an opinion piece. Go a bit further, and you’ll see that the Gazette is a Wisconsin local news site. Now, I’m not saying there isn’t truth to what they are saying, but when it’s an opinion piece from a small news site that isn’t even located in California, I would take it with a grain of salt.

    That all said, this is exactly something California would do. I don’t think this deserves a call to arms just yet, but this definitely merits further investigation.

  14. avatar Darkman says:

    Always remember if you can’t or won’t protect what is yours…It was never really yours to protect. Many have given their lives to provide and protect the Freedoms you have. If you aren’t willing to give as much and maybe more. Then maybe you don’t deserve what was given unto you. Stop whining and do something. Fight,Move or Give Up. Just stop whining.

  15. avatar Andrew Lias says:

    This is obvious. Gun control is unto its self guilty until proven innocent.

  16. avatar I am not Cory Booker says:

    Where I come from someone attempting to steal your guns while armed is asking for a bullet. Let’s see how many guns are taken through this process. My guess is that there aren’t too many policemen in California auditioning for the role of the deceased.

    1. avatar frank speak says:

      these kinds of comments just make their case…

  17. avatar Bruce Clark says:

    Well for starters stop posting pictures and bragging to every anonymous person you meet on any social website on the internet exactly what you have. Keep what you own to yourself. I can’t count the number of times in the comment sections I read response’s by idiots bragging about all the guns they own and why their gun is superior to the one reviewed in the video etc etc. If you do so, don’t believe for a second there isn’t some troll reading your ridiculous comments and making note of that fact. My favorite one is “Molon Labe”, you’re basically telling the authorities to fu*#-off. Keep it a secret what you have for god sakes, less chance of being ripped off by someone in your area or by someone you know. Know your rights, exercise your rights, but don’t broadcast your bullshit to the world…

  18. avatar Alan says:

    Push coming to shove, I tend to wonder regarding exactly what kind of bullet resistant clothes these gun grabbers might wear, as their need for same would not, in the least, surprise me.

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