Gun Violence Restraining Order Act

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By Catherine J. Swysen, President of the Santa Barbara Women’s Political Committee

On behalf of the Santa Barbara Women’s Political Committee, I’m writing to inform the community about two bills sponsored by Congressman Salud Carbajal and Senator Dianne Feinstein. The Gun Violence Restraining Order Act (HR 2598) and Gun Violence Prevention Order Act (S 1212) would codify gun violence restraining orders into federal law, allowing law enforcement or family members to petition the court to prevent individuals shown to be a danger to themselves or others from having access to firearms. These restraining orders are based on the existing domestic violence protective order process, ensuring due process and the ability to appeal a court order at any time. Gun violence restraining orders became law in California in 2014 in response to the Isla Vista shooting. Congressman Carbajal and Senator Feinstein reintroduced this federal legislation in May 2017, on the third anniversary of the shooting.

March for Our Lives is on Saturday. We would like to encourage the community to support our representatives in pursuing a safer country for all. Please contact them to share your support for common-sense gun control, and also share this message with those outside of Santa Barbara County. These bills are making headway in Congress with bipartisan support, so the more constituents who call and urge their representatives to sign on to HR 2598 and S 1212, the better.

Lives are literally at stake. We urge everyone to step up regarding these bills, and also to join our students at the March for Our Lives on March 24th.

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CoastWatch Mar 22, 2018 04:38 PM
Gun Violence Restraining Order Act

Keep writing laws and feel good policies for the Kool-Aid drinking general public... We have plenty of laws and none get enforced- Laws against illegals using fake Social Security numbers- Federal law (felony) Nothing happens because the politicians are too politically correct and want to pander votes; Also, the IRS willingly takes the $ Laws against driving and texting- Yet everyday, across the country hundreds die and thousands are injured. So yeah, go out and march, chant, yell and pray that "something be done", yet make sure you cry about our "Police State" and continue to carry your ACLU card... Oh the hypocrisy... LOL~

Sydneymviera Mar 28, 2018 11:07 AM
Gun Violence Restraining Order Act

Seriously! We have a problem with law ENFORCEMENT not the law itself. I don't know how people are so willing to ignore that issue. This is a bad bill. Salud should be voted out of office for even proposing it. - Sydney

CivilEngineer Mar 23, 2018 01:31 PM
Gun Violence Restraining Order Act

TOTUM, you never post a source for your assertions. I think most people have learned to ignore stuff like this. Clearly you are ignoring the work that they do in agriculture, construction, and service jobs which provide billions in economic benefit to the state. Cherrypicking info to support your claims seems to be your forte.

Factotum Mar 23, 2018 10:42 AM
Gun Violence Restraining Order Act

Those here illegally use $28 billion dollars in state tax dollar funded services and benefits. This leave a net $25 billion dollar loss every year for the approx $3 billion a year that are paid by employers to the authorities as with holding taxes. Sending taxed or untaxed dollars earned by those here illegally to another country (remittences), keeps those US dollars from recirculating within the US economy - that also adds to the total loss of tens of billions dollars to the US.

Channelfog Mar 23, 2018 08:18 AM
Gun Violence Restraining Order Act

The upside of the immigrants using illegal social security numbers is that they pay 4-5 billion dollars annually into the fund, and because they do not file taxes, they never see any of that money. 4-5 billion $ per year goes a long way towards keeping SS solvent. As for these stupid gun laws, don't get me started!

Fitness1 Mar 22, 2018 04:05 PM
Gun Violence Restraining Order Act

These well intention-ed bills have a flaw: they are only as good as the agencies upholding them. In the recent Thousand Oaks killing, the husband's gun has been confiscated by the SO, & a judge had a standing order against the killer being given the gun back. After the (now deceased) wife refused to press domestic abuse charges & charges were dropped, SO returned the gun, despite the court order, which was still in effect. The Texas church killer fell thru the cracks because the Navy neglected to send his info to federal databases, which they were legally required to do. If the agencies don't check, and re-check, the bill against it doesn't matter. None of these would be necessary if we would all obey our most ancient and fundamental law: You cannot commit murder. Once someone has decided on that course, all the other laws in the world will not deter him/her. Granted, some legal roadblocks in the path may slow them down but if they are determined to break that most sacred law, I doubt anything will stop someone from finding a way, unfortunately. Not that we shouldn't try.

Sydneymviera Mar 28, 2018 11:08 AM
Gun Violence Restraining Order Act

When the people themselves are pro-gun, (like myself), you cannot blame all the congressional inaction on the manufactures and the NRA, which is just a collection of gun owning individuals.

RHS Mar 23, 2018 10:04 AM
Gun Violence Restraining Order Act

Some of the non-compliance by these agencies has, I suspect, a relationship to the pro-gun attitude of the people and departments in charge of enforcing the rules. Really, aren't we putting the fox in charge of hen house security when we tell cops and soldiers to make sure guns are not given back?

CivilEngineer Mar 22, 2018 03:25 PM
Gun Violence Restraining Order Act

March is at 10am and starts at De La Guerra Plaza where some speakers will start things off. To paraphrase Carrol O'Connor, get between your kids and guns anyway you can.

a-1524803247 Mar 22, 2018 10:06 AM
Gun Violence Restraining Order Act

I wish these did represent common sense, but most CA gun laws don't. It is crucial that due process & the ability to regain your rights later be included in these bills. An example: Many domestic violence charges & convictions are misdemeanors. Young couples and angry divorcees have been known to commit or admit to these charges without understanding the life-long consequences, which are: forbidden forever from using guns, and no way of ever expunging that. I personally know of two people now in their 60s, who had domestic violence charges in their late teens or early 20s, who have never had any anger issues or legal problems since, but are forever forbidden from owning or using guns. It isn't fair that felonies can be forgiven, but misdemeanors can't, and that a misdemeanor you did (or in one case, falsely copped to) in your stupid youth could restrict your rights forever. We also have to tread very, very carefully in restricting rights before an offense has been committed. I'm in favor of societal protection over individual rights only when it is done with extreme care for retaining or restoring those individual rights with timely due process.

a-1524803247 Mar 22, 2018 03:51 PM
Gun Violence Restraining Order Act

Thank you for that information. I will indeed do further research, as it does not match what I was told. I reiterate my concerns with prior restriction of rights (before any offense), the necessity of due process, and the goal of laws/ legislation that makes sense and works both in the short term and the long term. Too many legislators seem unwilling to keep these principles in mind (if they ever understood them at all. I'd bet money that a large proportion of our elected representatives would not pass a basic civics test, much less a beginning constitutional law test.)

a-1524803247 Mar 22, 2018 03:51 PM
Gun Violence Restraining Order Act

Thank you for that information. I will indeed do further research, as it does not match what I was told. I reiterate my concerns with prior restriction of rights (before any offense), the necessity of due process, and the goal of laws/ legislation that makes sense and works both in the short term and the long term. Too many legislators seem unwilling to keep these principles in mind (if they ever understood them at all. I'd bet money that a large proportion of our elected representatives would not pass a basic civics test, much less a beginning constitutional law test.)

a-1524803247 Mar 22, 2018 03:51 PM
Gun Violence Restraining Order Act

Thank you for that information. I will indeed do further research, as it does not match what I was told. I reiterate my concerns with prior restriction of rights (before any offense), the necessity of due process, and the goal of laws/ legislation that makes sense and works both in the short term and the long term. Too many legislators seem unwilling to keep these principles in mind (if they ever understood them at all. I'd bet money that a large proportion of our elected representatives would not pass a basic civics test, much less a beginning constitutional law test.)

a-1524803247 Mar 22, 2018 01:19 PM
Gun Violence Restraining Order Act

You should research the gun laws a little better. California has a 10 year ban for a misdemeanor domestic violence offense. It's the federal law that will take away your gun rights for life if convicted of misdemeanor domestic violence. Don't blame it on California law. 18 United States Code 922(g) – the federal firearms ban Unfortunately, the California 10-year ban isn't the end of the story. Under federal law, most domestic violence convictions trigger a lifetime firearms ban. And where federal and California laws conflict, federal law takes precedence. Penal Code 29805 -- California's 10-year firearms ban Under Penal Code 29805 PC, about 40 misdemeanor convictions carry a ten-year firearms ban. These include battery, threats and stalking against any of the people listed above. If you are convicted of misdemeanor domestic violence, you are prohibited under California law from possessing a gun for ten years. After the 10-year period is up, your right to possess a gun is automatically restored. The only condition is that during that time you have not otherwise become subject to a firearms ban.

a-1524803247 Mar 22, 2018 02:18 PM
Gun Violence Restraining Order Act

420722 - CA Vehicle Code 23123.5 prohibits driving while "operating" a cell phone unless it's set up for hands-free use. So, not sure what Factotum is saying, but it is illegal to use one. If he/she is advocating to ban ALL use (even if hands-free, voice activated), then that's a different argument.

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