Tag Archives: Fifth Amendment

California demorat calls for expansion of red flag laws: Employers, co-workers & teachers can petition to take away your guns

California Assemblymember Phil Ting tweeted about his excitement to remove due process for law-abiding citizens, all in the name of “gun safety.”

From his tweet: “My bill, #AB61, which improves gun safety by expanding CA’s #RedFlagLaw, heads to the Gov! If signed, more people can access a court process that temporarily takes away someone’s firearms if they pose a danger. I called for better gun laws at an SF rally: https://www.youtube.com/watch?v=nZ18vDie_70 …”

What #AB61 allows is for employers, co-workers and teachers to petition judges to take away guns from people who are deemed a danger to themselves or others. The bill Ting has proposed had cleared the California Senate.

More details from 13NewsNow.com:

“California enacted a so-called “red flag law” that took effect in 2016. But it only allows law enforcement and immediate family members to ask judges for gun restraining orders. Assembly Bill 61 by Democratic Assemblyman Phil Ting of San Francisco would expand that law.

Ting introduced the bill in response to a November 2018 mass shooting in Thousand Oaks, California, where 12 people were killed. The gunman, Ian David Long, had shown signs of instability to family and friends.

Groups advocating gun rights and civil liberties oppose the bill, which still must be approved by the state Assembly.”

The Thousand Oaks shooter legally obtained his firearm yet had various “interactions” with police and possibly PTSD. In April, a mental health specialist with the crisis team met with the shooter during a previous incident and felt he might be suffering from post-traumatic stress disorder. But after speaking with him, they decided not to detain him under laws that allow for the temporary detention of people with psychiatric issues. So law enforcement had the means to remove his guns but they chose not to.

The summary of the bill states the following:

“Expands the category of persons that may file a petition requesting a court to issue an ex parte temporary gun violence restraining order (GVRO), a one year GVRO, or a renewal of a GVRO, to include an employer, a coworker who has substantial and regular interactions with the subject of the petition for at least one year and has obtained the approval of the employer, and an employee or teacher of a secondary school, or postsecondary school the subject has attended in the last six months and has the approval of the school administration staff.”

Read the whole bill here.

Photo from YAF

DCG

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San Francisco Board of Supervisors declares NRA a “domestic terrorism organization”

Picture from YAF

So now liberals are labeling groups of people “domestic terrorists” because they don’t agree with our politics. Remember, these are the same people who tell us that red flags laws won’t be abused.

The left will stop at nothing to take away our Second Amendment and due process rights.

From Yahoo: The San Francisco Board of Supervisors passed a resolution on Tuesday declaring the National Rifle Association a “domestic terrorism organization” due to its opposition to more stringent gun-control legislation.

The resolution accuses the NRA of not only resisting legislative reforms that its drafters believe would help curtail the country’s “epidemic of gun violence,” but also of “incit[ing] gun owners to acts of violence.”

“All countries have violent and hateful people, but only in America do we give them ready access to assault weapons and large-capacity magazines thanks, in large part, to the National Rifle Association’s influence,” the resolution says.

The resolution also declares the Board’s intent to “limit those entities who do business with the City and County of San Francisco from doing business with this domestic terrorist organization.” It was drafted following a shooting at the Gilroy Garlic Festival last month that resulted in the deaths of three people, according to local Fox affiliate KTVU. (Just disregard the fact that the shooter’s gun was ILLEGAL to use in California; hence HE BROKE THE LAW.)

The NRA responded to the provocation by accusing the Board of seeking to distract from the city’s shortcomings.

“This ludicrous stunt by the Board of Supervisors is an effort to distract from the real problems facing San Francisco, such as rampant homelessness, drug abuse and skyrocketing petty crime, to name a few,” the statement said, according to KTVU. “The NRA will continue working to protect the constitutional rights of all freedom-loving Americans.”

The partisan battle over gun control has escalated in recent weeks due to mass shootings in El Paso, Texas, Dayton, Ohio and, most recently, Odessa and Midland, Texas.

Congressional Democrats and their colleagues seeking the presidency continue to demand universal-background-check legislation. Senate majority leader Mitch McConnell, meanwhile, remains hesitant to endorse any specific legislation but said Tuesday that he would be eager to support any reforms backed by the White House.

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Over at the SF Gate there are plenty of comments regarding the Board’s action. Seems many people are calling for the bureaucrats to worry about cleaning up their own sh*thole of a city before they start their virtue signaling. Some of the comments:

The city is turning into a dump and this is where the city leaders pour their time, effort and attention: Nothingburger proclamations and worthless virtue signaling of the highest order.”

“Oh geez louise. Do something that means something you morons. I am no friend of the NRA but this is useless.”

Unbelievable that these blowhards are wasting my taxpayer dollars on stupid measures. Are you now going to arrest card-carrying NRA Members in SF?”

“Every time I think this city has reached a nadir of stupidity, the Board of Supervisors proves me wrong…”

“How do members of the Board of Supervisors have time for a national campaign against the NRA, when just a few blocks from City Hall there are plenty of people with guns who never passed a background check. Take a look at @SFPDTenderloin tweets to see photos of people who are much more dangerous than the NRA. The Board of Supervisors should focus on doing their jobs and getting the guns and drugs out of San Francisco neighborhoods.

“The Board of Supervisors is itself a terrorist group for doing absolutely nothing and turning this city into a pigsty stinking capital of the world. They should be ashamed of themselves for stealing tax payer money by disguising as a salary. Oh BTW, they just gave themselves a raise next year.”

DCG

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Would you register your home surveillance cameras with the local police department?

Renton, a city south of Seattle, has asked citizens and businesses to register their surveillance cameras with the police department so they can get access to thousands of private cameras installed throughout the city.

From the MyNorthwest.com story: “It’s called the Camera Registration Program. Since it launched Thursday, more than 40 homeowners and business owners have already signed up.”

I understand citizens wanting to do this – catch the bad guys. Yet I would be hesitant to participate in this program.

The police promise your privacy will not be comprised. More from the MyNorthwest.com story:

“Sgt. Christy Mathews told KIRO 7 the partnership was the idea of the department’s Community Programs Division. According to Mathews, surveillance images are typically obtained by officers and detectives knocking on doors, asking business owners and homeowners if a surveillance camera might have captured a particular incident.

Now, the locations of homes and businesses that register with the Camera Registration Program appear as blue dots on a satellite map of Renton. Mathews said other police agencies have databases of available cameras on printed pages, but not on a computer-generated map. She believes Renton PD’s is the first.

The Camera Registration Program is volunteer-only and does not allow police officers to see images in real time.

It simply lets investigators know a camera is in the area and that its owner is willing to cooperate with police officers. Those officers can then “log in from their cars and see there are three houses in this area, and the suspect fled this way, so maybe these three cameras will show something,” Mathews explained.”


What if for some reason you don’t want to turn over your camera data (i.e., you’re doing something embarrassing or your child may be implicated in a crime; or maybe you are coming back from the gun range and unloading your car and now authorities may inquire about safe gun storage)?

Will the police obtain a warrant and compel your turn over camera data?

As with most things related to government and high tech, I would not trust anyone with my personal data AT ALL.

DCG

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Attritional strategy: Washington state wants to apply ERPOs to minors, prove you have no firearms in the family home

Just another way for the gun grabbers to confiscate guns from law-abiding citizens.

From MyNorthwest.com: Prosecutors in Washington are looking to expand the state’s Red Flag laws to include minors.

Red Flag laws – or Extreme Risk Protection Orders (ERPOS) – are civil orders that allow judges to temporarily suspend a person’s gun rights, even if they haven’t committed a crime, when they exhibit violent behavior that suggests they pose a risk to themselves or others.

Washington was among the first of five states to pass a Red Flag law when voters overwhelmingly approved I-1491 in 2016. Another eight states passed similar laws this year after the Parkland shooting, and four more states are considering them now.

The laws vary by state as far as who can petition the court for the civil orders, with some only allowing law enforcement to file for them, while others allow family members, roommates, people who share children, and some medical professionals to petition the courts.

In Washington, police and family members can petition the courts for an emergency 14-day order to take away a person’s guns. That can be followed with a one-year ban if the court is convinced the pattern of behavior shows the person is a risk to themselves or others.

State law is silent on whether minors can be the subject of an ERPO, but there is an effort to change that.

For the past several months, a legislative task force made up of police, mental health experts, school shooting survivors, the ACLU, and others has been meeting to develop strategies to prevent mass shootings, and it recently released a list of 25 recommendations.

Among the recommendations, clarifying state law to make clear ERPOs can apply to minors.

Prosecutor Kimberly Wyatt with King County’s Regional Domestic Violence Firearms Unit – the only specialized unit in the state that helps other police agencies statewide and family members with ERPOs – believes the orders should apply to juveniles.

“We’ve had that issue come up multiple times, and we’ve been asked around the state by other law enforcement agencies that are struggling with the same issue. To date, I don’t know of any that have been filed yet against juveniles, but we have one particular case where we are making that recommendation to law enforcement right now,” Wyatt said.

In this case, they are working with a school resource officer at a school where a student under 18 is facing charges for a crime, requiring he not have access to weapons to determine if they need an Extreme Risk Protection Order.

“We would file the ERPO against the juvenile because the father has access to firearms in the home, and the father is not being cooperative with law enforcement to confirm that the firearms are out of the home,” Wyatt said.

She said police had tried several times to confirm with the father where the guns are located, but he refuses to comply.

Wyatt said using the ERPO would not be about taking away the father’s firearms rights.

We’re trying to say, ‘Dad lawfully can possess those guns,’ and we would hope that most parents have given law enforcement reassurances where the firearms are. But in this particular case, the father has declined to give any of those reassurances. So we would say that the juvenile could not be in that home with access to firearms. If dad wants to keep the firearms in the home and not share the information, you know that puts him in a difficult position,” Wyatt said.

If the ERPO was served on the child in this case, the dad would then have to choose between proving to law enforcement where the guns are so they know they’re not in the house, or having the child live elsewhere.

Wyatt says overall, they are seeing a lot of success with ERPOs, including another case where they served one to an 18-year-old student in Seattle, who police came to talk to regarding a drug issue and were allowed to search his bag. When school officials and law enforcement searched the student’s bag, they found a loaded gun with the safety off in the backpack.

Wyatt said that on top of the criminal issues there, that the 18-year-old showed extremely negligent behavior with a firearm. That ultimately was why they filed an ERPO against the student, to ensure he could no longer legally buy guns currently legally available.

Those are just some of the examples Wyatt gave lawmakers earlier this month to highlight the importance of ERPOs, and the urgent need to clarify the state law on their use in juvenile cases, as the work group recommended.

The work group also recommended more promotion of the existence of ERPOs and their uses to both law enforcement and the public, and that a second violation of an Extreme Risk Protection Order leads to the permanent loss of a person’s firearms rights.

DCG

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