Monday, January 11, 2016

L.A. Gun Control Madness! #LAPD Can File Restraining Order, Taking Away Your Gun

Greetings from Los Angeles. L.A. City Attorney Mike Feurer was in East room, with Obama, during last week's gun control press conference.  He returned to L.A., and had his OWN press conference, announcing the L.A. City Attorney's Office would be training (regular) attorneys, throughout the City; on how to file a new "Gun Violence Restraining Order," in court. These newly trained attorneys, asked to work for free, will assist family members (people) on how to file a restraining order, against other family members (people). POLICE CAN ALSO FILE THE RESTRAINING ORDERS. LOL! They wrap it up under guise of, "your family knows you better than anyone, and can see potential behaviors that may indicate possible gun violence." But, if you read the announcement, it quietly mentions, police can also file an order. So, Aunt Sally can file a gun restraining order against her grandson, cause she is concerned; and the judge will grant. AND, police can go around filing restraining orders against ANYONE THEY WANT, I guess. Who do YOU think the judge will side with. THIS unprecedented/new law is how the Gov't begins to take away peoples' guns, in a (somewhat still) Constitutional state. Remember, #Obama also announced that medical doctors can call in the crazies and have them put on a "no gun," list with, "no hearing. Here is my short analysis that brings up some concerns/issues, based on the press release, below:  


Under a new California law, effective January 1, family members can ask a judge for a gun violence restraining order that would force relatives to temporarily give up their firearms for 21 days. The order can be extended for a full year after a hearing involving the relative.

Police can also seek such an order, which is similar to a restraining order in a domestic violence case where a judge can require someone to stay away from someone else, even if they have not been convicted of a crime.

"I would much rather see members of families err on the side of seeking the order than second-guessing what they should have done in retrospect," said Feuer. He noted a judge can always deny the request.

Feuer and other city attorneys around the state have no legal role when family members decide to go to court. But he said he wants to help, and hopes his training will be utilized by pro-bono lawyers willing to help families for free. It's scheduled for February 6.

"Standing by and doing nothing in the wake of these shootings, how could we do that?" he said.

Under the law, a judge must find a "substantial likelihood" that someone is a danger to themselves or others to issue a temporary gun violence restraining order, according to Feuer. To win a yearlong order, the standard is higher - "clear and convincing" evidence.

Judges may consider a variety of factors in making a determination on a person's firearm, Feuer said, including:
  • a recent threat or act of violence towards themselves or others
  • a pattern of violent acts 
  • a conviction for multiple violent offenses
  • the reckless brandishing of a firearm
  • a history of abusing substances
Guns rights advocates have expressed concerns the new law could be abused and violates the Second Amendment's protections for gun owners.

“We think this just misses the mark and may create a situation where law-abiding gun owners are put in jeopardy," Sam Paredes, executive director of Gun Owners of California, told the Associated Press last year.

Feuer noted abusing the law for retaliation or other purposes is a misdemeanor criminal violation.

California is the first to allow family member to go to a judge.

Asked how often he expects the law to be used by police or relatives in Los Angeles, Feuer said he didn't know: "It's a new law."

He said when police seek a court order, seizure of weapons "could happen within an hour."

The Los Angeles Police Department is still working out protocols for responding to court orders won by relatives, Feuer said.

[This is all very subjective, to have family members start telling judges their opinions; when the judges are there to facilitate #Obama's gun strip of The People. It's gonna go WAY too far/WAY too thin a standard. #SlipperySlope]

  Zuma Dogg -