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California ‘Pre-Crime’ Bill to Determine Future Gun Violence Crimes Passes Senate

mikeyp

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California 'Pre-Crime' Bill to Determine Future Gun Violence Crimes Passes Senate - California Globe

California law seeks to remove firearms from the possession of people likely to misuse them. SB 55 by Sen. Hannah Beth Jackson (D-Santa Barbara) would create a new class of misdemeanors that would result in a 10-year prohibition on firearms possession. She theorizes that “gun violence” and death will be reduced if guns are kept out of the hands of people who, based on drug use and Driving Under the Influence convictions, are now determined to be at risk of future acts of violence. However, Jackson is only addressing legal gun owners in her bill.

However, the bill does not pass Constitutional muster, and will only add to the already 23,222 backlogged cases in the Department of Justice Armed Prohibited Persons System.

Gov. Jerry Brown vetoed Senate Bill 755, a similar bill. In his veto message he said, “This bill adds substance-abuse offenses and court orders to undergo mental health outpatient treatment to criteria that result in a 10-year prohibition on firearms possession. I am not persuaded that it is necessary to bar gun ownership on the basis of crimes that are non-felonies, non-violent and do not involve misuse of a firearm.”
 
California "Theorized" back in the 90's that their UBC/15 day waiting periods and a pile of other shit gun control they passed would have an effect on violence/etc........

25 years of data has shown that it had ZERO effect......

Johns Hopkins Study: California’s Background Check Law Had No Impact on Gun Deaths | Jon Miltimore

That study is good fodder to send to the Governor for more points to use when vetoing those two of the four anti-gun bills headed his way - for UBC and waiting periods - (not that he "needs" more but it's good to give the guy talking points).
 
Great. Im assuming they will take the guns away from the registered Democrats in CA. Right?
 
based on drug use

Would weed count under this? Since you can't have a "conviction" for that in CA anymore. For that matter, in states where it is legal, would a person who has a criminal record relating to simple possession of weed in CA from prior to legalization have to disclose it if a firearms license application asks about it? I'm assuming yes because even though it is now not criminal, it was a crime at the time. Either way, murky and unconstitutional!
 
I thought I responded to this one prior, didnt think I said anything borderline, but anyway..

In the free states Im aware of that first time DWI or a simple possesion of drugs isnt gonna carry more than a year "max" or bar gun ownership unless the NICs person decides to mis-interpret the record..

In a nazi state like MA they went and made their criminal code such that lots of minor non violent crimes carry 2.5 years, nobody ever serves a day in jail but makes them a lifetime PP regardless for a DUI, small drug possesion, solicting a prostitute, list probably goes on and on - they dont explicitely bar gun ownership by state law for such things but set it up so the feds do. And they basically removed expungement, so theres almost no relief.

What CA is doing is awfull but at least the prohibition expires. Ridiculous either way - just a method of restricting gun ownership and using anything they can as an excuse.
 
Even some of the "violent" misdemeanors they want to add to the list - usually if it wasnt a felony theres a reason for it. A guy I know was punched by his girlfriend, in anger he spit on her, both got arrested for assault. Dumb - yes. Violence? Id say if that was how he reacted it probably only shows he would be likely to avoid real violence.
 
Even some of the "violent" misdemeanors they want to add to the list - usually if it wasnt a felony theres a reason for it. A guy I know was punched by his girlfriend, in anger he spit on her, both got arrested for assault. Dumb - yes. Violence? Id say if that was how he reacted it probably only shows he would be likely to avoid real violence.

Shows me he needs to find a different girlfriend and keep his bodily fluids to himself.
 
DUI's and drug convictions are misdemeanors??
First offense no injury DUI is a misdemeanor practically everywhere in the US. Even MA classifies it a misdemeanor, however, there is a carve-out in the felon definition for PP status that makes it a felony on MA due to the 2.5 year max.
 
First offense no injury DUI is a misdemeanor practically everywhere in the US. Even MA classifies it a misdemeanor, however, there is a carve-out in the felon definition for PP status that makes it a felony on MA due to the 2.5 year max.

Some states they are felonies 1st time but I dont know the specifics - for instance if its a "felony" by state law that carries 1 year or less its not a prohibiting crime federally (how the state handles it is another question)...

In MA they call them misdemeanors but attach a felony sentence to them to make sure they are prohibiting crimes. Is one of those things that needs a ruling by conservative judge - if nobody ever gets a day in jail does the 2.5 year sentence really mean anything? Etc etc.
 
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