With all of the major news stories this legislation has been largely unnoticed in the media. What I want all of our readers to understand is that what is happening in California, and will continue to happen, is only happening because people do not know and understand their rights.
The thing that you must understand is that this bill deals with a type of gun confiscation that happens without warrants. Let me quote a Huffington Post article which appeared late last week:
“California is the only U.S. state where law enforcement officials confiscate guns from the homes of individuals not legally permitted to own them. Because gun-confiscating agents do not obtain search warrants, their job involves convincing people to let them into their homes and hand over their guns. If an individual does turn over a gun, he or she can be arrested on suspicion of illegally owning a firearm."
Really? Is this one of the craziest things you have ever heard in your life? This paragraph shocked me.
Your 4th Amendment rights protect you from unreasonable search and seizure. Here is the text of the 4th Amendment:
“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.”
We don’t even have to talk about the 2nd Amendment and “shall not be infringed” to understand that the 4th Amendment is also in play here. If they don’t produce a warrant, you are not required to let them in the door. Period.
If you do decide to let them in, and you do decide to hand over a gun to them then you may be giving up your own protection under the 5th amendment:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
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