inquiry on new California gun law AB103 Sec 29805???
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?
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.”
**************~~~~~~~~~~ "I've been on this rock too long to bother with these liars any more." ~SIGforum advisor~ "When the pain of staying the same outweighs the pain of change, then change will come."~~sigmonkey
September 19, 2017, 04:33 AM
10-7 leo
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
September 19, 2017, 07:53 AM
Fenris
So is this passed and made law or merely a proposal?
God Bless and Protect our Beloved President, Donald John Trump.
September 19, 2017, 08:34 AM
nighthawk
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".
September 19, 2017, 10:02 AM
kornesque
Well, I'm off to Cali to try to get a warrant without doing anything wrong. See y'all at the Supreme Court.
_____________________________________ “You can get much farther with a kind word and a gun than you can with a kind word alone.” -Al Capone
"Happiness is red and free."
September 19, 2017, 10:26 AM
tsmccull
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!
September 19, 2017, 10:32 AM
Jimbo54
Sadly, the 9th circuit court would agree with this abomination if it ever got there.
California is rapidly becoming a sewer. Very sad.
Jim
________________________
"If you can't be a good example, then you'll have to be a horrible warning" -Catherine Aird
September 19, 2017, 10:48 AM
Elk Hunter
quote:
Originally posted by Jimbo54: Sadly, the 9th circuit court would agree with this abomination if it ever got there.
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)
"To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. " -Thomas Jefferson
"America is great because she is good. If America ceases to be good, America will cease to be great." Alexis de Tocqueville
FBHO!!!
The Idaho Elk Hunter
September 19, 2017, 11:02 AM
LDD
quote:
Originally posted by Jimbo54: Sadly, the 9th circuit court would agree with this abomination if it ever got there.
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,