California passes bill to take guns from those in the ‘Hate Crime Loophole’
The proposal, designed to disarm those who may have violent tendencies exhibited by minor civil rights-related crimes, is backed by national gun control groups. (Photo: The Brady Campaign)
Lawmakers this week unanimously approved a bill to strip gun rights from those convicted of misdemeanor hate crimes.
The measure, AB 785, passed the California Legislature without a single “no” vote and is backed by Assemblyman Reggie Jones-Sawyer, D-Los Angeles, who argues the proposal heading to Gov. Brown’s desk is timely considering recent events.
“There are too many examples in our country’s recent history, which show what a firearm can do in the hands of people who practice hate,” said Jones-Sawyer in a statement. “The recent incident in Charlottesville, where heavily armed Neo-Nazis, Klansmen and white supremacists, spewing hatred and inciting violence under the guise of protecting free speech and the right to bear arms, is not what the founding fathers of this great nation were protecting when they drafted our constitution.”
His bill, the Disarm Hate Act, adds to the state’s already existing list of misdemeanor crimes that result in an automatic 10-year prohibition on possessing a firearm. The additions would include those who are convicted of misdemeanor interference with another person’s civil rights or damage of property because of their perceived race, religion, national origin, disability, gender, or sexual orientation. Violations would be a felony and result in a lifetime gun ban.
Jones-Sawyer argues that six states — Delaware, Maryland, Massachusetts, Minnesota, New Jersey, and Oregon — have enacted laws to prohibit those with misdemeanor hate crime convictions from possessing and acquiring firearms.
On the national stage, Democrats introduced a federal version of the Disarm Hate Act in Congress earlier this year.
The measure has the backing of several gun control organizations, including the Brady Campaign, the Violence Prevention Coalition, the Coalition Against Gun Violence, and Americans for Responsible Solutions.
“The reality of hate-fueled crime is why it’s so important for elected leaders to do everything in their power to keep guns out of the hands of individuals who wish to terrorize and divide our communities,” said Peter Ambler, executive director of Americans for Responsible Solutions. “Governor Brown should sign this bipartisan bill into law and add California’s name to the growing list of states across the country that have taken responsible steps that make it harder for hate crime offenders to access guns.”
Brown, a Democrat, has not signaled whether he will sign or veto the measure. In the past, he vetoed expansions to the 10-year ban in 2016 and 2013, arguing the proposals found a novel way to make a new crime, which he said is the last thing the state needs due to prison overcrowding.
The post California passes bill to take guns from those in the ‘Hate Crime Loophole’ appeared first on Guns.com.
Source: http://www.guns.com/2017/09/13/california-passes-bill-to-take-guns-from-those-in-the-hate-crime-loophole/
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Violations would be a felony and result in a lifetime gun ban.
WRONG, that would be be a Direct Violation of Ones Federal Protected Right,
To Strip any Citizen of a Right, is to Strip them of their Citizenship,
U S Supreme Court Has Already Stated this, Violates Due Process.
Ones 2nd can not be Striped, for ones 1st.
Felons and Disabled Rights to Guns.
It is a right of defense against that government, or any other person who might violate your rights to life, liberty, property, or the right to defend the above. By allowing criminals to be defined out of rights, no rights are secure, as it is the government… who defines crimes.
Citizenship is the right to have rights and not subject to good behavior of the citizen. (Trop v. Dulles). In 1866, the rights were extended to all persons in the United States under the 1866 Civil Rights act, and placed into the constitution, again for all persons, under the 14th amendment, and 1871 civil rights act. (Currently under title 28, section 1343 USC, title 18, sections 241-245 USC, title 42, sections 1981-1985 USC)
As a vested protected property interest, it is not subject to forfeiture by later congresses, without becoming a bill of attainder. It was not limited to the lawful citizen, even in the beginning.
All of our ‘founding fathers’ were traitors by definition, and subject to execution. Yet we now define ‘felonies’ as anything subject to more than a year in jail, even though the original definition required hard labor for infamous crimes, and even then, it was only capable of being accomplished by a writ of attainder. (Blackstone’s commentaries on the Laws of England)
The only means by which to make rights secure, was to secure them for all, and to punish the lawbreaker, by imprisonment or execution, not to deprive them of the rights that were common, and belonged to all citizens equally.
Under the 1871 civil rights act, it was recognized that the states would try to deprive rights under color of law by declaring felonies, and the punishment for those felonies (often involving curfews or other restrictions) was a deprivation of rights. It was made a felony act for a reason, and one of the rights involved was particularly mentioned in the Congressional record as the right to keep and bear arms for self-defense, including against their own government…. for no other could engage in acts under color of law, statute, ordinance, regulation, or custom to deprive them of their rights. It included officers both federal and state, judicial and executive.
And was so rarely enforced it was near forgotten about. See McDonald v. Chicago, 2010.
To be quite frank, if they are citizens, they retain all the rights of citizenship. The citizenship is the rights, not the title. If they are not citizens, the governments have transgressed, as stripping citizenship for a crime is unconstitutional (trop v. Dulles) as an 8th amendment issue.
Further, stripping the rights from any person, under color of any law, statute, ordinance, regulation, or custom in any state, territory, district, or possession, is a felony act, punishable up to and including life in prison, or the death penalty under title 18, section 242 of the US code.
The supreme court has already found that this code (under the 1866 civil rights act) was the reason for the establishment of the 14th amendment, and that the 1871 civil rights act reestablished it, and placed all states on notice. (McDonald v. Chicago) that the second amendment was fully enforceable against the states.
The objective of the act (Under Monroe v. Pape) was to prevent any group from depriving the rights of the minority, under any semblance of any law, regardless of color or other statuses.