CA ADVANCES BILL TO ALLOW BOSSES, CO-WORKERS TO FILE GUN SEIZURE ORDERS

H/T Guns.com.

 

California is expanding the Deadly Red Flag Laws already in effect.

The California Assembly on Monday advanced a bill to add school faculty, employers and co-workers to the list of people who can ask a judge to take away someone’s guns.

The measure, AB 61, passed the Assembly in a Democrat-heavy 54-16 vote and now heads to the state Senate. It would greatly expand who can file for a Gun Violence Restraining Order in the state under California’s so-called “red flag law.”

Adopted in 2014, the current law allows the seizure of firearms– for up to 21 days– from an otherwise legal gun owner who is believed to pose a “significant danger.” This initial order could be extended for as long as a year if the situation warrants while filing a false petition is a misdemeanor offense. As it stands, just law enforcement and immediate family can seek such an order. AB 61 would expand this to include school employees such as guidance counselors and teachers as well as the employers and co-workers of a subject.

Second Amendment groups such as the Firearms Policy Coalition and Gun Owners of California, who have long felt the orders were a dangerous pathway to gun confiscation without delivering any promise of treatment for someone in legitimate crisis, are opposed to the expansion.

According to the state Department of Justice, GVROs have been issued 614 times from 2016 to the end of 2018.

Colorado Group Sues Over State’s Red Flag Law

H/T Bearing Arms.

I hope this challenge to Colorado’s Red Flag Law is successful.

To call red flag laws controversial is putting it mildly. While some take issue with the temporary disarmament of people, many gun rights supporters feel there is at least some wisdom to the idea. The problem for those, however, is the lack of due process and the fact that some could game the system to use it maliciously.

Despite those concerns, that hasn’t stopped a number of states from adopting such laws.

One of those states is Colorado, which in recent years has seemingly failed to meet a gun control policy it didn’t like. Colorado passed its red flag law earlier this year. Now, a gun rights group is filing suit to kill the law.

Rocky Mountain Gun Owners filed a lawsuit Thursday over the “red flag” gun law, arguing that the House Democrats violated the legislative process..

Head of the gun rights group Dudley Brown and several House Republicans say Democrats who control  the House did not fulfill a Republican request to read the bill out loud in full in an intelligible way.

“In this case, Democrats didn’t see that they were violating the Constitution to pass a bill to violate the Constitution. And now they’re going to see it,” Brown said.

Other lawsuits could be aimed at the substance of the law and efforts to recall legislators who supported it are in the works, he said.

“We’re going to do all of the above,” Brown said. “We believe that the red flag bill is unconstitutional itself.”

A week after the bill was read, Senate Republicans filed a lawsuit about that same issue on a different bill, when Democratic leaders set up a bank of five computers to read a lengthy bill in an unintelligible way.  A Denver District Court judge ultimately sided with the GOP and said bill readings have to be understandable.

Democrats said the lawsuit against HB 1177 is frivolous.

“No one came to me on the floor and said that they wanted the chair to do anything differently than what had been done,” Sen. Majority Leader Alec Garnett said. “This is not about what happened on the floor. This is about the gun lobby trying to unwind a very popular measure to help protect and save lives here in Colorado because they liked to build their name recognition and like to be in the news.”

Considering the judge’s ruling on the previous lawsuit, this one has a chance. I’m not a fan of going after bills like this on procedural issues, mostly because it’s too easy to pass the same bill again.

That said, how many Coloradoans could be spared from being disarmed because of this bill in the meantime?

Plus, it should be noted that Brown explicitly says that this isn’t the only way they’ll attack this bill, which is good. Bills like this need to be defeated and defeated hard. People in Colorado shouldn’t have to worry about losing their right to keep and bear arms, even temporarily, especially when it can be based on flimsy evidence and no due process.

 

USCCA Reaffirms It Stance Against Red Flag Laws

H/T AmmoLand.

We all should oppose these Deadly Red Flag Laws.

U.S.A. –-(Ammoland.com)-The gun world was once again lit on fire at a miscommunication by the largest concealed carry insurance companies in the country.

The USCCA is the leading provider of concealed carry insurance. The purpose of the insurance is to provide legal service in case a gun owner is forced to defend themselves against an attacker. The USCCA will cover all legal bills from criminal and civil prosecution.

On Monday morning a USCCA member contacted them through Facebook to state their dissatisfaction that the USCCA coverage didn’t include fighting against extreme risk protection orders (ERPO)that are better known as “red flag” laws.

An ERPO is a court order that is issued in a judge in a secret hearing to confiscate the targets guns. All it takes is a family member, or roommate to say you are a danger to yourself or others. These have been controversial since the target of the ERPO are not aware that there is even a hearing. Civil liberties activist claim that these orders and unconstitutional because of the lack of due process.

The USCCA social care advisor responded with the scripted response: “If you are not presenting to be a danger to yourself or others and are acting lawfully, there should be no reason to be concerned that your firearms would be temporarily confiscated from you.”

“This law does not promote ‘gun-grabbing’ but more so keeping firearms out of the hands of people that may be potentially dangerous.”

The social care supervisor approved the canned response, but it went against the official stance of the USCCA on ERPOs. It was a decision by a single employee. The USCCA told AmmoLand that they had counseled the employee and are taking steps to reaffirm their stance internally.

The company’s official stance is that they are against “red flag laws”, the founder and president of the USCCA, Tim Schmidt, took responsibility for the mixup. He acknowledged that the statement was akin to saying “Hey, if you’ve got nothing to hide, then you should be fine with giving up your fourth amendment rights.”

In a video released by the USCCA Schmidt chalked up the mishap to a failure in training. He vowed to make sure that the 24 full-time staff monitoring social media have the correct information.

Schmidt went on the record in January of 2018 stating that he personally believed that ERPOs are unconstitutional. He called them “anti-freedom tactics to seize guns.” He also believes that the majority of ERPOs excutived are unfounded.

In the August 2017 edition of the USCCA official magazine, “Concealed Carry,” the company officially came out against “red flag” laws. With all the history of the USCCA opposition to ERPOs, it isn’t entirely clear on the supervisor came up with the statement.

The USCCA for their part is working on integrating protections against ERPOs into future membership agreements. Schmidt points out that the USCCA Legal Defense Foundation will be there to help out gun owners “who find themselves in the crosshairs of unmeritorious prosecution.”

Schmidt states that he understands the frustration of the USCCA membership over the statement, but has asked those people to look at the history of the USCCA as a whole.


About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.