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Posts Tagged california
From National Review:
As soon as the story hit the news, the usual suspects began cranking themselves up. Americans, they said, need to “do something.” It was time, they argued, for “more laws.” And the NRA? It was, of course, to blame. Forgive me for being a broken record, but I have some questions in response to these reactions: Namely, “what something?”; “which laws?”; and “what, specifically, did the NRA do wrong here?” Rolled into one, these congeal into a single, simple inquiry: “What law — specifically — would have prevented yesterday’s shooting?”
Read more at: http://www.nationalreview.com/corner/436142/ucla-shooting-gun-controllers-need-say-more-specifically-what-they-want-do
Writing in the Majority Opinion, 9th Circuit Judge Diarmuid O’Scannlain emphasized, “Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and to bear arms.”
The bill, authored by Senator Ben Allen (D-Redondo Beach) will make non-violent firearms related crimes “continuing offenses.” These offenses involve unlawful self-importation or transfers of firearms. These crimes need not have any criminal intent, nor is there a victim involved. These victimless crimes are the act of import or transfer, not possession.
SB 1037 would make this prosecutable for life- the same as capital murder- all for forgetting to fill out a form and mail it to the California Department of Justice with $19.00.
Read the bill here
From The Blaze:
Cook contended that his former lawyer gave ATF officials the wrong information regarding how the pieces were made that led to the raid as well as his eventual forfeiting of the more than 3,000 parts taken from him.
“The reason that I quit fighting is because it’s a battle that I don’t believe that the U.S state attorney, the DOJ or the ATF office would be able to say they were going to give our stuff back,” he said.
From USA Today:
San Bernardino County reported a nine-fold increase in concealed weapons applications in the month that followed the Dec. 2 terror attacks, and the surge continues. In Riverside County, the permitting process is so backlogged that it now takes a year-and-a-half to meet with an official to submit an application.
“It’s ridiculous,” said John R. Lott Jr., a pro-gun academic with the non-profit Crime Prevent Research Center. “Most states in the country will get you a concealed carry permit within at least 60 days. What if you have a woman who is being stalked or threatened? What is she supposed to do — wait a year and a half just to get an appointment?”
Read the press release from the Attorney General of Califonia:
Today, Attorney General Kamala D. Harris and Assemblymember David Chiu announced legislation to close the “bullet button” loophole. This loophole enables a firearm owner to use a bullet or other pointed object to quickly detach and replace a weapon’s ammunition magazine, converting a rifle into a semi-automatic assault weapon. An individual can switch magazines on a gun with a bullet button within seconds. This bill would expand the classification of assault weapons to include semi-automatic center fire rifles, which are capable of accepting detachable magazines. (emphasis added)
“The devastation wrought by gun violence on innocent victims, children and families in this country is an international embarrassment,” said Attorney General Harris. “This is a common sense solution that closes a dangerous loophole in California’s assault weapons ban. We simply must do everything we can to keep dangerous, high capacity firearms off of our streets and out of our communities.”
Assembly Bill 1663 will broaden the classification of restricted firearms to include dangerous assault weapons that are currently easy to purchase and manufacture. In 1989, passage of the Roberti-Roos Assault Weapons Control Act (the AWCA) made it a felony to manufacture any of the assault weapons listed in the statute. In 1999, the Legislature expanded the AWCA to include more technologically advanced semiautomatic weapons, including firearms with a “fixed magazine” and/or firearms with “the capacity to accept a detachable magazine.” Under current law, manufacturers have been able to create firearms with detachable magazines that evade classification as assault weapons that are prohibited from being possessed, sold, transferred or imported into the state without a permit. “Bullet buttons” require the tip of a bullet or tool to release a magazine and insert a new one. Because a device is needed to eject the magazine, bullet button firearms are not restricted under the AWCA statute.
“We must close the loopholes in our assault weapons ban so that guns like the ones used in San Bernardino, Newtown, and Aurora cannot be bought legally in our state,” said Assemblymember David Chiu (D-San Francisco), who first worked on gun legislation as a United States Senate aide in the mid-1990s. “Detachable magazines cost lives, and it is more important to save lives during future mass shootings than to be able to reload assault weapons in the blink of an eye. I appreciate the sponsorship by Attorney General Harris and look forward to working this year with my colleagues and the Governor’s office on this and other efforts to prevent gun violence.”
Attorney General Harris has made the implementation of effective gun safety measures a priority. Since November 2013, Attorney General Harris has brought the number of individuals in the Armed Prohibited Persons System (APPS) database to a historic low of 12,691—effectively removing 20,573 prohibited individuals. Over the last two years, the California Department of Justice has also doubled the average number of guns seized annually and increased the number of investigations per month by nearly 300 percent.
In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS. This went into effect January 2012. In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.
In 2013, Attorney General Harris convened a Leadership Group of California’s district attorneys to collaboratively develop recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.
Earlier this month, Attorney General Harris issued a statement in support of President Obama’s executive actions to reduce gun violence through enhanced background checks, increased mental heath treatment and improved gun safety technology.
Family members who believe a loved one poses a danger to themselves or others will be able to ask police to seek a temporary “gun violence” restraining order from a judge beginning Jan. 1. The order would allow police to seize the person’s guns for 21 days.
Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police.
From the Daily Democrat:
The gun dealers’ holiday season got off to a rousing start. State data show that sales transactions spiked on Black Friday — the traditional start of the holiday shopping season — to four times the average number for other November days.
That spike was roughly double the uptick in the days after Syed Farook and Tashfeen Malik, armed with two semi-automatic rifles and two semi-automatic handguns, killed 14 and injured 21 in a hail of bullets Dec. 2 at the Inland Regional Center in San Bernardino. All of their firearms were purchased legally in California, which has some of the nation’s strictest gun laws.
From the LA Times:
Such bans don’t reduce gun crime, but they do stimulate passionate opposition from law-abiding gun owners: Gun control advocates ridicule the NRA’s claim that the government is coming to take away people’s guns, then try to outlaw perhaps the most popular rifle in the country.
The family released a statement calling her death an “ultimate irony” as she had fled to the U.S. as a teen to be safe from violent extremism.
From The Modesto Bee:
The decision to turn over the investigation was made after “new information” about Faisal Mohammad came to light Saturday, Warnke said Monday. He declined to elaborate.
“I’m not at liberty to discuss the information, but the developments on Saturday caused us to turn that over to (UC Merced) and the FBI will assist them,” Warnke said. A law enforcement official, who spoke to the Sun-Star on condition of anonymity, said the information included questions about the manner in which Mohammad was dressed during the Nov. 4 attack and the types of websites he may have visited in the weeks and days before. Additionally, the official said, investigators found a printout of an image of an Islamic State flag among Mohammad’s belongings.
The significance of the items, and any possible connection to the attack, is unclear and remains under investigation, the official said.
The United States District Court for the Southern District of California ruled against Ares Armor in its lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives in a decision filed Thursday. United States District Judge Janis L. Sammartino, a George W. Bush appointee, ordered dismissal of plaintiff claims.
Ares claimed First, Second and Fifth Amendment violations by ATF, as well as a violation of the Firearm Owners Protection Act. ATF argued for dismissal, citing “lack of subject matter jurisdiction … [and] failure to state a claim,” as well as for summary judgment on the claim by Ares that classifying the part as a firearm was “arbitrary.”
From The Root:
On May 7, 1967, the Black Panthers showed up on the steps of the California Capitol in Sacramento brandishing loaded rifles and black berets in a show of defiance that would forever brand them as enemies of the establishment. They were there to protest the passage of the Mulford Act (nicknamed the “Black Panther Bill” by the press), which had been fast-tracked through the Legislature and signed by then-Gov. Reagan. The bill reversed an existing California law that made it legal to carry a loaded firearm in public as long as it was not concealed or brandished in a threatening manner. Reagan himself was quoted as saying that he saw “no reason why, on the street today, a citizen should be carrying loaded weapons.”
A sergeant under San Francisco Sheriff Ross Mirkarimi who oversaw the department’s shooting range was transferred after he questioned whether the sheriff could take a marksmanship test in light of his domestic violence case, The Chronicle has learned.
Mirkarimi then took the test and failed it, preventing him from carrying a gun, department employees said.
Sheriff’s Department officials strongly denied Thursday night that the sergeant had been transferred because he potentially stood in the way of Mirkarimi’s being granted permission to carry a gun. They described his transfer as a budgetary move and said Mirkarimi had nothing to do with it.
From CBS Sacramento:
Sacramento police have confirmed that France train hero Spencer Stone was stabbed early Thursday morning.
According to the Pentagon, who has confirmed Stone was injured, Spencer is in “stable condition.”
“A1C Spencer Stone has been transported to a local hospital, and is currently being treated for injury. The incident is currently under investigation by local law enforcement. He is currently in stable condition,” a statement from the U.S. Air Force reads.
Initial reports listed Stone’s condition as “critical.”