When they say they don’t want to take your guns… don’t believe them…

When They Say They Don’t Want to Take Your Guns… DON’T Believe Them…

This month California, Michigan, Minnesota, and New York all have proven otherwise… And according to the San Francisco District Attorney’s Office, A “red flag law” (IS) a type of gun confiscation law.

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What does the San Francisco District Attorney’s Office Says about Red Flag Laws… How about Michigan’s, Minnesota’s, and New York’s direct affront to the second amendment and your due process rights… We are truly living under an authoritarian regime…

California’s Red Flag Law… San Francisco District Attorney

California’s Red Flag Law – San Francisco District Attorney (sfdistrictattorney.org)

What is California’s red flag law? 

A “red flag law” is a type of gun confiscation law. It allows certain people to seek a Gun Violence Restraining Order (GVRO) to remove firearms from:

  • a person who has been deemed a threat to themselves; or
  • a person who has been deemed a threat to someone else.

What does a gun violence restraining order do? 

  • A GVRO temporarily removes firearms and ammunition from the possession of someone who (1) is a threat to themselves, or (2) is a threat to someone else.

Who can get a gun violence restraining order?

  • Family members (spouse, domestic partner, parents, children, siblings, grandparents, grandchildren, nieces, nephews, uncles, aunts, and half-siblings) of the person named in the petition;
  • Current or recent household members of the person named in the petition;
  • employers,
  • co-workers, and
  • teachers.

Note that in regard to coworkers, they can file a petition if:

  1. they had substantial and regular interactions with the other person for at least one year, and
  2. they have obtained the approval of the employer to file the petition

In regard to teachers, they can file a petition if:

  1. they are a teacher of a secondary(including lower, middle, or high school) or postsecondary school,
  2. they get the approval of a school administrator or a school administration staff member, and
  3. that person has a supervisorial role.

Employers and school administrators should consider having policies in place that address gun violence restraining orders and the process for seeking them.

How does someone obtain a gun violence restraining order? 

  • Forms for a GVRO from the California court system are available here.
  • Submit the form to the court
  • You can also contact your local district attorney’s office to ask if they will assist you in filling out the forms.
  • If you or the person you want restrained is a resident of San Francisco, the San Francisco District Attorney’s Office will assist you in filling out these forms if you need assistance.

What happens after the form is filed?

  • A judge decides whether or not to grant or deny the request at a hearing.

How does the judge decide whether to grant the GVRO?

  • The judge will look at evidence presented by the person asking for the GVRO, including whether the respondent has:
    • Made threats or acts of violence against self or others within the past six months;
    • Exhibited any pattern of violent acts or threats within the previous 12 months;
    • Violated domestic violence protective orders; or
    • Been previously convicted for any crime prohibiting the purchase and possession of firearms
  • The judge may also look any other evidence to see if there’s an increased risk for violence, such as:
    • The person’s history of violence or physical force against others
    • Unlawful and reckless use of firearms
    • Recent acquisition of weapons
    • Ongoing abuse of drugs or alcohol
  • If there is clear and convincing evidence that the gun violence restraining order is necessary based on the evidence presented, the judge will issue the order.

If a judge grants a restraining order, he/she can prohibit a person from the following:

  • having a gun in his custody or control,
  • owning a gun,
  • purchasing a gun,
  • possessing a gun, or
  • receiving a firearm or ammunition.

The judge can order the removal to last between one and five years.

Who takes the firearms away? 

  • If the court issues the order, law enforcement may serve the order.
  • There is no fee for law enforcement to serve the order.
  • When officers do serve the order, they are required to ask the person to relinquish any firearms they own or possess.
  • The person is required to immediately relinquish his or her weapons to the officer.
  • Alternatively, if a law enforcement officer does not serve the order, (if for example, it is served in court), the respondent is required to sell or temporarily transfer his or her weapons to a licensed firearms dealer or the local law enforcement agency within 24 hours of being served with the order.

Can the person get their firearms back? 

  • The person whose gun has been confiscated can ask the court to remove the order.
  • The person can do this once a year.
  • A judge will remove the order if he/she believes there is no longer any convincing evidence that the person is a threat.
  • But after a court hearing, the court can extend the protective order if the person continues to pose a significant danger.

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BREAKING: Whitmer Marches On With Far-Left Agenda, Signs ‘Red Flag’ Laws In Michigan

BREAKING: Whitmer Marches On With Far-Left Agenda, Signs ‘Red Flag’ Laws In Michigan (100percentfedup.com)

  • Michigan Gov. Gretchen Whitmer (D) signed a Red Flag Law, joining more than a dozen other states in enacting similar laws.
  • This move was part of a larger series of gun control measures by the Democratic Party in Michigan.
  • Second amendment and pro-civil liberties advocates have expressed issues with Red Flag Laws as they strip due process rights from gun owners.
  • Several Michigan Sheriffs have refused to enforce the law, claiming it is Unconstitutional.
  • Democratic lawmakers and gun control advocate are pushing for harsher gun control measures, including an assault weapons ban.

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

NRA-ILA | New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting (nraila.org)

  • New York State Police Investigators’ Association has expressed concern that Governor Katherine Huchul’s mandate to increase gun seizures is detracting from police crime-fighting efforts.
  • So-called “red flag” laws lack adequate due process and fail to address underlying issues causing instability.
  • New York’s “red flag” law has been deemed unconstitutional in two separate court decisions, yet still received $13 million in federal funding.
  • Governor Hochul signed legislation and issued an executive order expanding the scope of “red flag” procedures in the state.
  • This has led to judges issuing protection orders against 2,120 individuals over four months and State Police seizing 2,521 firearms since last November.
  • Union official reports that the surge in seizures is creating an unmanageable workload for police and interfering with other criminal investigations such as murder, rape, robbery and drug dealing.
  • New York’s licensing process for handgun acquisition is more stringent than federal law requirements, allowing for discretionary denial based on a determination of good moral character.
  • However, recent police efforts could be leaving criminals freer than before to prey upon state residents, raising questions about gun control advocates’ priorities.

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