01-01-2016, 10:29 AM
(This post was last modified: 01-01-2016, 10:36 AM by rwhite135.)
Let's forget the 2nd Amendment for a second, this is a clear cut violation of the 4th Amendment, which states:
Quote:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In other words the police when requesting a search warrant have to know exactly what is to be searched and what they are searching for. They cannot say any firearms. They have to at least know the caliber of the firearm that they are searching for. A case in the Baltimore area was thrown out a couple of years ago because the police had the wrong make and model of vehicle they were going to search on their warrant. They also have to suspect someone of having committed a crime or having contraband items. As the Supreme Court of the United States ruled in the case of
Illinois v. Gates, which dealt with the 4th Amendment and informants:
Quote:The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.
I use
Gates because under the new law in California an informant is all that is needed to seize a person's firearms. Notice the bit where it states contraband or evidence of a crime? Someone just telling the police that they think you're unstable
is not evidence of a crime and firearms
are not contraband items, though the left would like to make them such. Even if they want to use the excuse that someone who is mentally disturbed should not have a firearm, how many members of the general population of the country are qualified to make that assessment? In California, that's everybody apparently.
Quote:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In other words the police when requesting a search warrant have to know exactly what is to be searched and what they are searching for. They cannot say any firearms. They have to at least know the caliber of the firearm that they are searching for. A case in the Baltimore area was thrown out a couple of years ago because the police had the wrong make and model of vehicle they were going to search on their warrant. They also have to suspect someone of having committed a crime or having contraband items. As the Supreme Court of the United States ruled in the case of
Illinois v. Gates, which dealt with the 4th Amendment and informants:
Quote:The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.
I use
Gates because under the new law in California an informant is all that is needed to seize a person's firearms. Notice the bit where it states contraband or evidence of a crime? Someone just telling the police that they think you're unstable
is not evidence of a crime and firearms
are not contraband items, though the left would like to make them such. Even if they want to use the excuse that someone who is mentally disturbed should not have a firearm, how many members of the general population of the country are qualified to make that assessment? In California, that's everybody apparently.
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California law allowing seizure of guns without notice begins Jan. 1 
