Sounds like right-wing, anti-Obama rhetoric, doesn’t it? In California, it is dangerously close to true. Thursday, the state legislature approved $24 million to expedite gun confiscation. They are coming for your guns! And if they show up at your door in California, without a search warrant, you still don’t have much of a choice but to hand over the weapon. Does this sound like a violation of the Fourth Amendment of the United States Constitution?
This is a very slippery slope.
The text of the Fourth Amendment:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.“
SB-130 states that California’s database, called Armed Prohibited Persons System (APPS), is crosschecked against the Department of Justice’s Dealers’ Record of Sale Special Account for people prohibited or soon-to-be prohibited from owning a handgun or assault weapon.
A “prohibited person” is one with a criminal conviction, an existing restraining order, or a mentally ill person. Hospitals and doctors report people determined to be a danger to themselves or others and/or those that consent to mental treatment.
So, when an EMT in an emergency room writes in your chart that you are being belligerent in the ER, does that get reported to the state and cause an agent to show up at your door a month later to confiscate your legally purchased handgun?!
Suppose you go through a bad breakup and your ex decides she wants full custody and the only way she can get it is to paint you as a bad person. So, she files a restraining order because you yelled at her in front of the neighbors. The neighbor goes into court and testifies that you were very angry and aggressive so a judge orders a permanent protection order against you, even though there was never any physical altercation or even the threat of one. It happens every day. But, now, if it happens in California, a gun confiscation officer could show up at your door and take your legally purchased handgun.
How? Well, since they don’t have a search warrant, they cannot enter your home because that is a blatant violation of the Fourth Amendment.
How do they violate your Fourth Amendment and Second Amendment rights then? By intimidation.
This is a very slippery slope because what’s next? What will politicians deem illegal? Owning a computer? Owning swords? Books? Vehicles?
Americans, pro-gun or anti-gun, should NOT stand for a law that allows government to show up at their door and intimidate them into handing over their personal property.
What’s the alternative? Wait for a crime to be committed with the gun? What if no crime is ever committed with the gun?
Image source: Huffington Post