Feinstein At It Again

ZigZagZeke

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We all saw this one coming. Two weeks after Elliot Roger stabbed three people and shot three more, a trio of legislators from California (including Dianne Feinstein) have proposed a new federal law called “The Pause for Safety Act” which would allow anyone at any time to seek a “firearms restraining order” against an individual to prevent them from purchasing any new firearms and also confiscate any firearms they may already own. From <broken link removed>, here are the details we have at the moment:


The new legislation – The Pause for Safety Act – will include the following provisions:

• One, it would help ensure that families and others can go to court and seek a gun violence prevention order to temporarily stop someone close to them who poses a danger to themselves or others from purchasing a firearm.
• Two, it would help ensure that families and others can also seek a gun violence prevention warrant that would allow law enforcement to take temporary possession of firearms that have already been purchased if a court determines that the individual poses a threat to themselves or others.
• Three, it would help ensure that law enforcement makes full use of all existing gun registries when assessing a tip, warning or request from a concerned family member or other close associate.
http://www.thetruthaboutguns.com/20...tein-introduces-federal-bill-confiscate-guns/

For those interested in opposing this directly, here are the links to the PopVox pages for this bill:

HR 4806: <broken link removed>

S 2445: <broken link removed>
 
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So they are trying to make this fed? Bad enough that CA just did a "gut and stuff" with a supposed education bill(?) that had passed both sides in different bills - they did a "combine" hearing and replaced the guts of the bill with this same type of deal - anyone can claim you are a threat and you loose your rights on the word of that person... something very wrong with that. Also by doing the gut and stuff method the bill went through the education committee which was controlled by (surprise) the people who side with the bill sponsor.
 

The Heretic

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I would think that could be the basis of a 4th amendment challenge and possibly 5th (due process).

But the fact that a law flies in the face of the Constitution and your rights has never stopped the Congress from passing a law.
 

Hawaiian

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So someone could file this prohibition/confiscation order against every politician who supported the bill? That would be fun! Maybe file one on there armed bodyguards also! Bloomberg would get his panties in a wad if someone did that to his.
 
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The Heretic

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So someone could file this prohibition/confiscation order against every politician who supported the bill? That would be fun! Maybe file one on there armed bodyguards also! Bloomberg would get his panties in a wad if someone did that to his.
Good idea!

File it against the pols, the bureaucrats, the police chief, every LEO that enforces it, the judge, the court clerks, the DA, any anti-gun activist, and so on.

Have multiple people do it - sequentially.

Fight fire with fire.

That said, I really doubt the law would make it out of committee. This is just grandstanding.
 
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Isn't that "Evil Black Assault Rifle" with a pistol grip, adjustable stock, flash hider and mass/ casualty inducing mega magaclip thingie illegal in Washington DC? I want to swear out a warrant for Feinstien's arrest for violating the laws she put in place and supports. Government Employees are not above the law.
 
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While it may appear to some that this is a ridiculous law, blatantly violating the constitution, and would not stand up to a challenge, the fact that 18 U.S.C. §922(g)(8) has not been challenged constitutionally, and stands to this day, should give us pause.




Possession of Firearm While Subject to Order of Protection, 18 U.S.C. §922(g)(8)
It is illegal for a person to possess a firearm while subject to a court order restraining such person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner. The protection order must have been issued following an evidentiary hearing in which the defendant had notice and an opportunity to appear. The protection order must also include a specific finding that the defendant represents a credible threat to the physical safety of the victim, or must include an explicit prohibition against the use of force that would reasonably be expected to cause injury. The statutory language of Section 922(g)(8), in addition to the language of Section 2262, provides additional justification for review of a jurisdiction's protection order form to determine if they conform with the federal requirements. Again, refer any questions about the applicability of this statute to the United States Attorney's Office in that district.

You don't even have to be charged with a crime.
 

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