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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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2013 CA SB 755 - Wolk - Firearms: used firearms
Adds more misdemeanors to the 10-year prohibition on firearm or ammunition possession.
http://leginfo.legislature.ca.gov/fa...arch_keywords= Quote:
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#2
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Haze a potential frat brother, lose your right to self-defense for 10 years. Yeah, that's totally fair. /sarcasm
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Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship. |
#3
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(example) Lets say if someone got misdemeanor reckless driving + street racing while sober they would essentially loose there 2nd amendement rights? Or is if you were intoxicated at the time of the crime? Then lets also say the reckless driving + street racing charge is dismissed @ a later date; would this law still apply to that person? I'm just confused about the wording. If its two crimes and your gun rights are stripped then it opens the flood gates for a few people. Last edited by Khyber; 03-03-2013 at 7:56 PM.. |
#6
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This bill would additionally make it a felony for any person to own or possess a firearm if the person has been convicted of 2 or more crimes within a 3-year period and was found to have been under the influence of drugs or alcohol during the commission of the crimes,
That would make 2 dui's? In 3 years? Or is this in context to #2?
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#7
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Also what if those crimes are dismissed at a later date through expungement in California. Are your gun rights still stripped? |
#8
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Two or more crimes and you were drinking or taking something. It’s NOT limited to DUI's – just two or more crimes and under the influence. Doesn't matter what the crimes were.
In my case it was 25 years ago in college. Drinking beer at a party then went ice blocking. Two years an 11 months later drinking beer at party and a bunch of us decided to tp a sorority house - crime number two. Both a long time ago and we're benign. For this I will lose my right to own a firearm if this passes! INSANE!!!!!!!!!!!!!!!!!!!!!! |
#12
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This might be semantics. . . but. . .
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This bill needs to be killed post haste. |
#14
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I don't understand why this bill is not getting the same amount of attention as most of the others -seems pretty serious to me.
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NRA Life Member SAF Life Member (Defenders' Club) CCRKBA Life Member Madison Society Life Member CRPA Life Member |
#16
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Their intent is to find a way to make everyone into a prohibited person.....eventually a parking ticket will make you a prohibited person.
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"Freedom begins with an act of defiance" Quote for the day: Quote:
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#17
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Maybe it would be a good thing. At least that way we could get any firearm we want, just like our "friends" in the hood do, right. California - home of the instafelon laws and happy cows.
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#18
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Had a bad night and got charged with two separate misdemeanors? Game over. Say hi to Corporal Jim, California DOJ weapons confiscation unit.
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The more prohibitions you have, the less virtuous people will be. The more subsidies you have, the less self reliant people will be. -Lao-Tzu, Tau Te Ching. 479 BCE The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream. |
#19
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Notice the law says "furnishing ammunition to a minor". So I take my son to the range or hunting??
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NRA Life Member since 1990 They're not liberals, they're leftists. Please don't use the former for the latter. Liberals are Locke, Jefferson, Burke, Hayek. Leftists are progressives, Prussian state-socialists, fascists. Liberals stand against the state and unequivocally support liberty. Leftists support state tyranny. |
#20
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Traffic violations, parking violations, and being late on your taxes will be next. Naturally LEOs as well as current and former elected officials will be exempt.
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"Government is the great fiction, through which everybody endeavors to live at the expense of everybody else." --FREDERIC BASTIAT-- Proud Life Member: National Rifle Association, the Second Amendment Foundation, and the California Rifle & Pistol Association |
#21
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"if the firearm is not registered"
Um, not all firearms are required to be registered, so how does that work?
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment |
#22
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#23
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245.6. (a) It shall be unlawful to engage in hazing, as defined in this section.
(b) "Hazing" means any method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term "hazing" does not include customary athletic events or school-sanctioned events. (c) A violation of this section that does not result in serious bodily injury is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than one year, or both. (d) Any person who personally engages in hazing that results in death or serious bodily injury as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (e) The person against whom the hazing is directed may commence a civil action for injury or damages. The action may be brought against any participants in the hazing, or any organization to which the student is seeking membership whose agents, directors, trustees, managers, or officers authorized, requested, commanded, participated in, or ratified the hazing. (f) Prosecution under this section shall not prohibit prosecution under any other provision of law.
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If you haven't seen it with your own eyes, or heard it with your own ears, don't make it up with your small mind, or spread it with your big mouth. |
#24
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#25
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Isn't it interesting that she wants to ban the hazers when it is usually the hazed who use a firearm criminally such as at Columbine?
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Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment |
#26
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#27
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If this is a state bill, and one fits this criteria, is s/he subject to it if they no longer resided in the state?
What if my relative from KY fits this criteria and comes to visit? We go shooting on BLM, we get checked and s/he goes to jail - what then? This proposed legislature =
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Hauoli Makahiki Hou ------- |
#28
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#29
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A version - might not be exactly the same as that .pdf, which is why I used the DOJ link - is here: http://wiki.calgunsfoundation.org/Fi...s_prohibitions And speeding/parking tickets are NOT on the list.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#30
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So does this stand a chance of passing? It seems like this would take guns out of a lot of peoples hands...why isn't more attention being paid to this?
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#31
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These are my questios as well.
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#32
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"transferring a firearm without completing the transaction through a licensed firearms dealer"
So doing an intrafamilial transfer of a long gun will make both parties into prohibited persons?
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Just taking up space in (what is no longer) the second-worst small town in California. |
#33
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i figured speeding/parking tickets were not there. Nor alcohol (except for impared by chronic alcoholism). Point being, that there are some innaccurate statements being made. DUI is a misdemeanor, not on the list. Reckless driving, misdemeanor, not on the list. Unless of course either results in injury or destruction of property. Tickets, misdeamors, not on the list. And not to diminish this bill proposal (hazing? really?), but if you read the list of qualifying misdemeanors, most of them are pretty reasonable. Threatening *certain people* Intimidating witnesses/victims Attempting to take firearm from an officer Assault/battery/sexual assault Armed criminal action and the list goes on. There are only a couple of questionable qualifying crimes in there, and the rest of them are nothing that no normal law abiding citizen has anything to worry about. MOST of the ones added in are for gang-related/drug related activities. Don't get me wrong, there are a couple things in there that need to be stricken out completely... but... There is some statements in this thread that are blatently false, and just spread misinformation. If there is something I'm just missing... please feel free to tell me. I'm not the best at reading some of these bills tbh. |
#34
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Lois Wolk....has been generally a decent democrat...she voted no on a couple of issues that were very democratically favored...such as the houndsmen bill that was put on the table to ban dogs for bear and cat hunters. I need to do a little more research on this bill. I don't like any bills that remove guns from law abiding citizens but I think strengthening punishments for continuous offenders is a good thing. Adding to the list I think is wrong. I would like to see stiffer penalties for people that can't follow the law and make gun owners continuously look bad.
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#35
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#36
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However re-reading it makes it look like it might be any crime while under the influence, in which DUI would could. Interesting and unclear wording. If that's the case, you'd be right for DUI. Also could be public intox, disturbing the peace, and countless other silly reasons... On a side note... if you get two DUIs in a 3 year period, you'll be selling all your guns to pay for the legal expenses anyway haha. |
#37
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for everyone thinking their college drunken escapades are going to get their guns taken away you need to learn up a little on your Constitution.
The states are prohibited from passing ex post facto laws by clause 1 of Article I, Section 10. Pretty sure it would be spanked down immediately if it didn't have exemption for previous offenses. Anyways I can't wait to get home from Afghanistan and pack my family up and move back to Texas, I havent seen but 1 month of California in 2 years and I still hate the place haha. Shoulda done it when I got out of the Marines but didn't have time before deploying. |
#38
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refer to the Lautenberg law on firearms possession. Ex post facto, and yet still in place. |
#39
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Given what qualifies as misdemeanor assault/battery, I'm not sure that should be on the list. One of the most common examples I see is somebody blocking a door, and being pushed out of the way. The pusher gets a misdemeanor assault, while the pushee, having technically committed kidnapping, is almost never charged (especially if they're female).
The real problem with this is that if the DA is pushing to hang you, not because he thinks you're a danger and deserve it, but because he can hang a gun ban on you, he's a menace to society. The side effects of law matter. |
#40
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Will the law be retroactive?
I currently have 2 misdemeanors that meet this criteria that occurred in a 3 year period. They both happened 6 years ago. Are they going to raid my house for PR? If someone could give me some input, it'd be well appreciated. |
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