Santa Clara County DA’s office “gun grab” will have zero effect on gun violence. It’s just a “con job” to take guns from legal owner’s.
This is a follow up on DCG’s post Santa Clara County DA’s Office creates team to remove firearms from dangerous offenders.
The DA’s office of Santa Clara County(pop. 1,922,200) in California has made the decision to remove firearms from “dangerous offenders”. Besides felons they have included persons with restraining orders and people with a history of domestic violence.
Restraining orders– Anyone can get a emergency restraining order on anyone. All a person needs to do is say “I think the person has a gun” when filing the restraining order. Then by default, once the restraining order is filed, the person who is being restrained is supposed to sell their guns or turn them over to the police. It does not matter if the person filing is making a false report. The person still cannot be in possession of a firearm. They lose their gun ownership rights from 1 year up to 10 years, if not more.
The person is being punished for a crime they have not been convicted of. Guilty before proven innocent instead of Innocent until proven guilty. They lose their gun ownership right and are being deprived of their rights. I would argue that this is a violation of 2nd, 5th and 14th amendments.
Domestic violence- Usually comes with a restraining order. Domestic violence can be a felony or a misdemeanor. Some common charges that fall under domestic violence are,
- 3.1. Penal Code 273.5, corporal injury to a spouse or inhabitant
- 3.2. Penal Code 243(e)(1), domestic battery
- 3.3. Penal Code 273d, child abuse
- 3.4. Penal Code 273a, child endangerment
- 3.5. Penal Code 270, child neglect/failure to provide care
- 3.6. Penal Code 368, elder abuse
- 3.7. Penal Code 422, criminal threats
- 3.8. Penal Code 646.9, stalking
- 3.9. Penal Code 591, damaging a telephone line
- 3.10. Penal Code 601, aggravated trespass
- 3.11. Penal Code 647(j)(4), revenge porn
- 3.12. Penal Code 653.2, posting harmful information on the internet.
When a person who is charged for Domestic violence and has not been convicted, their rights are being violated in the same way as the person with a simple restraining order. The person is being punished for a crime they have not been convicted of. Guilty before proven innocent instead of Innocent until proven guilty. They lose their gun ownership right and are being deprived of their rights. I would argue that this is a violation of 2nd, 5th and 14th amendments.
Felons- Don’t usually register guns so there is no way this move on taking guns from dangerous people will have any impact of felons having firearms. The gun grab only takes guns from legal owners.
Gun owners associated with Domestic violence are being treated as a major threat to public safety. We are being lead to believe that a large amount of firearm related deaths are the result of domestic violence. We are being lead to believe that taking guns from people accused or convicted of domestic violence will end a large part of firearm deaths. In California that just isn’t true. The following is a quote from the L.A. Times after reviewing Los Angeles County(pop. 10,098,052) Coroner’s records for 2018.
“Women are less likely than men to be killed in a shooting, but more likely to be beaten, stabbed or strangled. Female homicide victims also tend to be older, with a median age of 35, compared with 31 years old for men.”
“Last year, 114 women were killed in Los Angeles County, the highest number since the beginning of the decade, according to a Times analysis of coroner and law enforcement records. Meanwhile, the death toll for men, who make up the vast majority of casualties, declined dramatically to 523 from 755 a decade earlier.”
Considering there are at least 5,000,000 women is LA County, that number is still pretty low. Overall, the amount of Homicides in LA county has declined.
In LA county almost 300 women have been killed in the last 3 years. Almost half of them had a relationship with their killer at some point in time.
Here are some facts on the USA in 2017.
- 2017 total population in the USA- 325,719,178
- Total deaths- 2,813,503. Men 1,439,111. Women 1,374,392.
- Suicide by firearm 23,854. 3,239 were women.,
- Accidental discharge of firearms – 486. 63 were women.
- Legal intervention- 616. 30 were women.
- Assault (homicide) by discharge of firearms- 14,542. 2322 were women.(A little over half domestic violence related.)
- Undetermined- 338.
Total deaths connected to firearms- 39,773. That is 1.41 % of deaths in 2017 with .041% connected to domestic violence where women were victims.
When compared to the total population in the USA, 325,719,178, Domestic violence related deaths that involve firearms happens to .00035644201459946% of the total population. Firearm related deaths happens to .012210825363191% of total population. Both are hardly an excuse to violate a persons rights.
Laws are not going to stop domestic violence in the USA. Not when you have religions like ISLAM, where beating and cutting the heads off of women is accepted.
Not saying Islam is the single cause of domestic violence. But it’s ideology promotes oppression of women. This sort of influence in Western culture only fuels the opportunity for domestic violence.
Cultural diffusion promoting “old School” western values, teaching your children respect, manners, integrity, accountability, critical thinking, appreciation, compassion, courtesy, loyalty, patriotism, the law, responsibility and to treat others like they would like to be treated would produce far better results than any gun control law.
If people are truly concerned with saving lives then they should focus their attention on the causes and cures relevant to deaths in the following images.
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”
“Shall not be infringed”. Infringed definition is “to encroach upon in a way that violates law or the rights of another”.
That being said, any changes to the Second Amendment, any modification that allowed any sort of gun control is unconstitutional and illegal. The simple act of the change or modification of the Amendment is a violation of our rights. The changes are the infringement.