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inquiry on new California gun law AB103 Sec 29805??? Login/Join 
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Surely my reading of the quote below must be somehow in error. Can anyone familiar with the laws cited give detail or simply quash another errant internet rumor?



Read more: https://www.ammoland.com/2017/09/fpc-ca ... z4t5Gy9QJ4

AB 103 changed California Penal Code sections 29805 to say that even someone who “has an outstanding warrant for” an alleged violation of other codes and who “owns, purchases, receives, or has in possession or under custody or control, any firearm” is guilty of a crime that is “punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.”

“AB 103 created a serious new, and potentially felony crime for merely being accused of committing some crime and having a gun,” explained FPC’s California lobbyist and spokesperson, Craig DeLuz. “These are the kind of laws that books about dystopian futures are inspired by.”

“I was taught in school that, in America, people are innocent until proven guilty,” DeLuz continued. “Apparently, the California Legislature thinks that all gun owners are guilty of a crime in all cases and must be punished, period. But my copy of the Constitution doesn’t have any ‘gun owner’ exception to fundamental, individual rights like due process and the right to keep and bear arms.”


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Posts: 9856 | Location: sunny Orygun | Registered: September 27, 2009Reply With QuoteReport This Post
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Picture of 10-7 leo
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I read it the same way you do and the same way DeLuz explains it.

Automatically guilty of a crime because someone accused you of a crime.

Their wildest dreams of scenario fulfillment coming closer to reality.



Sic Semper Tyrannis
If you beat your swords into plowshares, you will become farmers for those who didn't!
Political Correctness is fascism pretending to be Manners-George Carlin
 
Posts: 2043 | Location: Central FL | Registered: September 03, 2008Reply With QuoteReport This Post
10mm is The
Boom of Doom
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So is this passed and made law or merely a proposal?




The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People again must learn to work, instead of living on public assistance. ~ Cicero 55 BC

The Dhimocrats love America like ticks love a hound.
 
Posts: 17471 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
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Picture of nighthawk
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The politicians in that state are really out of their minds, it's like one tries to out do the other in laws that are beyond stupid, for more and more control of people's everyday lives. It's a pretty state, but not that pretty.


"Hold my beer.....Watch this".
 
Posts: 5933 | Location: Republic of Texas | Registered: April 06, 2008Reply With QuoteReport This Post
Puddle Pirate
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Well, I'm off to Cali to try to get a warrant without doing anything wrong. See y'all at the Supreme Court.


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Posts: 1794 | Location: Low Country, SC | Registered: October 24, 2008Reply With QuoteReport This Post
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So, does Al Sharpton have an outstanding warrant for tax evasion and does he live in and/or visit California? Maybe time to take advantage of that state's moronic laws!
 
Posts: 1182 | Location: NE Indiana  | Registered: January 20, 2011Reply With QuoteReport This Post
Crusty old
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Sadly, the 9th circuit court would agree with this abomination if it ever got there. Frown

California is rapidly becoming a sewer. Very sad.

Jim


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Posts: 9791 | Location: The right side of Washington State | Registered: September 14, 2008Reply With QuoteReport This Post
Too old to run,
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quote:
Originally posted by Jimbo54:
Sadly, the 9th circuit court would agree with this abomination if it ever got there. Frown

California is rapidly becoming a sewer. Very sad.

Jim


Not becoming a sewer. It has been a sewer for quite a while.

And it is not going to get better.

Maybe these new regulations that allow financial penalties are their answer to their TWO TRILLION DOLLARS OF STATE DEBT??


Elk

There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre. (Louis L'Amour)

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-Thomas Jefferson

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FBHO!!!



The Idaho Elk Hunter
 
Posts: 25644 | Location: Virginia | Registered: December 16, 2001Reply With QuoteReport This Post
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quote:
Originally posted by Jimbo54:
Sadly, the 9th circuit court would agree with this abomination if it ever got there. Frown

California is rapidly becoming a sewer. Very sad.

Jim


Actually, the 9th Circuit struck down a analagous law in Desertrain v. City of Los Angeles, 754 F.3d 1147. In Desertrain the court ruled that the state had to give fair notice in such a way that ordinary people would understand what conduct was prohibited.

If you're just minding your own business, and somehow, an LE agency gets PC to get a warrant for your arrest, how would you have adequate notice such that you would be able to cease conduct of "owns, purchases, receives, or has in possession or under custody or control, any firearm" so you could comply with the law?

[edited because I looked up the entire bill and there is a section which would make you a felon if you had a felony warrant out for you--if you have a misdemeanor warrant, you'd be charged with misdemeanor]

This message has been edited. Last edited by: LDD,
 
Posts: 17733 | Registered: August 12, 2000Reply With QuoteReport This Post
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