The recent legislation that was passed in California should be of great concern to all who believe in freedom and the Constitution. The claim that it is similar to other laws in southern states such as Texas are not totally accurate and are intended to distract you and make you think it is an acceptable law. The problem is, those laws may not be good, but they got passed thanks to liberal progressive legislators. In Texas for example, the law allows for law enforcement to make a claim against an individual and say there is a mental condition that requires a person’s firearms to be confiscated, which then requires the individual to defend their rights, all without a medical examination by a psychologist or psychiatrist.
The law in California is stated to be perfectly safe for individuals and totally within the Constitution, which is not accurate and intended to distract you from the intent to confiscate firearms. The California law has added a new wrinkle in that it allows a family member to go to the courts and say their family member has a mental health issue and may be a threat. The court then issues a ruling that allows law enforcement to enter the person’s property and confiscate all firearms, based not on a mental health doctor (which has issues with differing opinions of the doctors) but based on family member opinions.
Consider a situation where you the parent will not allow your 14 year old daughter wants to date and you set a rule that she can not date until she is 16 and that alone angers her, or you add in that the boy she likes is not acceptable to you while she is that young and she becomes angry. Your daughter then files a complaint against you and then you have your firearms confiscated. Thus your journey to defend yourself begins, all based on an angry daughter. Perhaps you and your brother have an argument and your brother files a complaint, and again, you the individual must defend your rights based on a family member’s opinion which was swayed by anger. There is no consideration this will be abused, though they claim a false report will be punished with a misdemeanor charge (a slap on the wrist for violating another’s rights) and who decides to charge the person with a misdemeanor? Will the father have his daughter charged? And if not, then they violate an individual’s rights without fear of punishment.
Without any real consideration this law may be abused, the legislators in their anti-gun agenda may have also overlooked, or perhaps counted on and dreamed of, the fact that once you are brought before the court for mental health issues, and your firearms are confiscated, there is a record. Just as when you are arrested and then found innocent and released, there is an arrest record that may not be deleted form the system and can be used against you in the future. Will the mental health issue based on a false claim by an angry family member stay on record and be used against you in the future? Will your employment background check which can find a past arrest record even though you were innocent and released, and may prevent you employment, also find a past mental health claim and be used to deny you employment? Employers must consider their other employees and their own liability. What happens if they hire you and something does happen in the future, then they could be sued for liability since they hired you, and if you were not the issue of a future event, your past record may be sued against the company in a lawsuit because the person who may have committed a violent crime may have been hired with prior knowledge of mental health issues of other employees, even though you were always innocent and did nothing wrong. You will be held against the employer, so the employer will take steps to protect itself by not hiring you in the first place. When another employee who does have a mental health issue commits a crime, they will not have you or others held against them.
There is plenty of room for this law to be abused, yet the anti-gun legislators will tell you it is perfectly safe, and there is no fear of false imprisonment or violation of your rights. Perhaps, we should look at the Constitution, and consider it says, The Right Of The People To Keep And Bear Arms, Shall Not Be Infringed. The Constitution does allow for that right to be lost through your actions that show you are not trustworthy, such as committing a crime, but they can not do so based on a statement from a family member or even a law enforcement officer. There must be a crime or mental health diagnosis which does provide for the loss of rights, including your loss to vote. This does not include an angry family member, or the opinion of a law enforcement officer.
Those who may support this law, or any law restricting the Second Amendment, should consider with great thought, if one right can be taken so can others. What will happen when they come from your First Amendment Right to Freedom of Speech, and they require you to pass a background check and obtain a permit to exercise your right to Free Speech? What will happen, what will you do, when they pass legislation that takes your right to a jury trial, and declare you guilty based on their political opinion?
If one right is taken, even in small steps, all rights can be taken.