AB-1014 was signed into law on September 30, 2014 by marijuana steeped governor Jerry Brown.
It goes into effect January 1, 2016.
I've read the entire bill, and you should too. It's not long. And the devil is, indeed, in the details.
Let me sum it up for you in non-legalese language.
temporary emergency gun violence restraining order, without the cray-cray person knowing anything about such machinations.
Police are sent to the house of the so-called cray-cray person and confiscates all his guns.
Oh, he'll get a hearing alright. Two weeks after his guns are confiscated!
Now it's up to the aforementioned cray-cray person to prove he's not cray-cray to get his guns back.
Here's a few pertinent points directly from the bill:
This bill would authorize a court to issue a temporary emergency gun violence restraining order if a law enforcement officer asserts and a judicial officer finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent personal injury to himself, herself, or another, as specified.In the entire bill, the only "protection" for someone being targeted is this:
18150.(a) (1) An immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue an ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
The bill would make it a misdemeanor to file a petition for an ex parte gun violence restraining order or a gun violence restraining order issued after notice and a hearing, knowing the information in the petition to be false or with the intent to harass.That's it. A misdemeanor. Except the guns are already gone, kaput, and done for. They're somewhere in the bowels of the police department and, trust me, your chances of getting them back are also kaput.
And how exactly is the judge going to know the information is false or intended to harass? He may, but then again, he may not.
Are you willing to place your trust in judges who think men should be allowed into women's dressing rooms and bathrooms if the guy is mentally disturbed and declares himself a woman? Or declares it is a "right" for a man to "marry" a man? Or one who fines businesses into bankruptcy because they hurt the feeling of a couple of lesbians?