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California Set to Confiscate Guns for Misdemeanor Hate Crimes

Robert Farago - comments No comments

In its infinite statism wisdom, the California legislature ended the week having approved AB-785. Firearms: possession of firearms by convicted persons is aimed at denying citizens convicted of a felony or misdemeanor hate crime their natural, civil and Constitutionally protected right to keep and bear arms. Governor Brown is sure to sign it into law. Here’s how the Golden State’s gonna roll:

Existing law makes it a misdemeanor to, by force or threat of force, interfere with another person’s free exercise of any constitutional right or privilege because of the other person’s actual or perceived race, religion, national origin, disability, gender, or sexual orientation. Existing law also makes it a misdemeanor to knowingly deface, damage, or destroy the property of another person, for the purpose of intimidating or interfering with the exercise of any of those constitutional rights because of those specified characteristics.

This bill would also add to the list of misdemeanors, the conviction for which is subject to the prohibition on possessing a firearm within 10 years of the conviction, the above-referenced interference with the exercise of civil rights, as specified. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

So, a Californian convicted of a misdemeanor “hate crime” stands to lose their guns and gun rights for 10 years. What could possibly go wrong?

Hey! Does threatening to deport an illegal immigrant by force (via armed government agents) count as interfering with another person’s free exercise of their Constitutional right? And what, pray tell, is a Constitutional privilege?

One more thing . . .

The gun grabbers on the left want to ban Americans on the FBI’s super-secret Terrorist Watch List from keeping and bearing arms (an honest-to-God Constitutional right). What’s the bet those lists are mostly based on the subjects’ race, religion and national origin? 

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Robert Farago

Robert Farago is the former publisher of The Truth About Guns (TTAG). He started the site to explore the ethics, morality, business, politics, culture, technology, practice, strategy, dangers and fun of guns.

0 thoughts on “California Set to Confiscate Guns for Misdemeanor Hate Crimes”

  1. Be careful, some of what is written on this site could conceivably qualify as a hate crime. Refuse to bake a cake for a gay wedding, have state troopers at your door to take your 10/22.

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  2. I never worry about threats to ban ownership of guns by those on terrorist watch lists. Being super secret and all, how are the “powers that be” supposed to get their hands on the list?

    I wonder if this bill can be used to bust Antifa members who protest violently against “white people” and try to intimidate them into ceding their constitutional rights to free speech through threats and acts of violence and intimidation. That’d work for me.

    And it is not like racists aren’t getting what they deserve for violently attacking people: crime is crime. Period. But yeah, it is a slippery slope. Just look at England, where any comment critical of Muslim immigrants is a hate crime, but grooming gangs and gang rapes are not prosecuted, because “Muslims.”Will Brown sign this? Only if the hate crime statute is clear and unambiguous. (this is , after all, just a penalty statute for another crime.) So we will see what we see. Misdemeanor domestic violence earns a similar loss of rights.

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  3. Existing law makes it a misdemeanor to, by force or threat of force, interfere with another person’s free exercise of any constitutional right or privilege because of the other person’s actual or perceived race, religion, national origin, disability, gender, or sexual orientation.

    But it’s perfectly acceptable to use force and threats to stop someone from speaking at UC Berkeley, because of his/her political beliefs.

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    • I’m so glad I rescued my fiancee’ from that God-hating, Mohammedan-loving, fascist, illegal immigrant, Socialist, Third World Shithole.

      Just one example, I-5 and I-10 are infested with car-swallowing potholes that will shake the dental fillings right outta your head. I can only imagine how bad the roads are once you get off the highway.

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    • If not for fallout drifting inland to the east, I might agree with you. Politically, Seattle, Portland, and most of California are like cancerous growths in need of drastic radiation therapy.

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    • Sorry to burst your bubble, but ‘Lil Kim isn’t going to be burning anyone to radioactive anything any time soon.

      In fact, no one is.

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        • Ok, let’s put it clearly: North Korea is zero threat to anyone but its own citizens.

          Zero ability to project power.

          The No-Dick missile has the payload equivalent of a 250 lb. MK-80. Not a lot of damage potential. And before someone chimes in with “bu….bu…newks!” I will simply say newks are a joke.

          Worry about things that really matter, like our own country.

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  4. Sooo, since the California Legislature has exempted itself from all these gun laws, does that constitute an infringement of the California citizens’ rights regarding the same gun laws?

    I guess they’ll all be prosecuted under this statute…

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  5. “Hey! Does threatening to deport an illegal immigrant by force (via armed government agents) count as interfering with another person’s free exercise of their Constitutional right?”

    Uuuhhhh….no. But statements supporting such action are definitely hate crimes. Even disagreeing with someone is hate speech, which is de facto violence under hate laws.

    “Constitutional privilege” is no mystery. It is precisely those things identified in the constitution that the government (or courts) permits the populace to do, or receive. Why is this so difficult for you, anyway? You some kinda believer in the founding principles of this nation? Some sort of limited government radical? One of those people who believe humans have rights not subject to control by the government? Someone convinced this nation is special, unique and different in history? A beacon on the hill? Yeah? Well, you are bordering on hate speech, right there.

    Somebody call Gavin Newsome. We got a hater here.
    Dontchaknow.

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    • Under Tam vs the US Patent Office hate speech was declared to be constitutionally protected. The decision was 8-0. If California wishes to claim otherwise there is a federal judge who will toss the case. Even the 9th Circuit will feel bound by an 8-0 decision since any contrary decision will be overturned without a SCOTUS hearing. California would be wise to back away from this nonsense but California politicians give stupidity a bad name.

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  6. I imagine people like Ben Shapiro are going to have trouble with these laws. Seeing as how quickly Universities and a number of their students claim he is committing “hate crimes”.

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  7. Man the wording of this law going to screw all those kids at Berkeley who destroy property and assault people who don’t agree with their political ideology

    Oh wait California laws only apply to those people they find ‘distasteful’

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  8. drag them, kicking and screaming, into the SCotUS;
    if that doesn’t work….do it again!
    and…again….and…again….and….again….. etc

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  9. The sign in the above pic says it all. The libtards believe that voting for anyone but dems is a hate crime. Disagreeing with them is a hate crime. Constitutional rights are for them not you. Speech is only protected if they approve.

    Because, GUNS. The evil that is inside them leaks to the hearts of men, they must be destroyed. The elite can have their armed body guards, but you cannot protect you and yours. They don’t like it when you think for yourself, Liberty is only a word to them. The commies always seem to think that when the change finally happens they are good. They are on the inside. Ask all those buried because they helped Stalin, Hitler…etc…

    The libtards are indeed useful idiots. They are often surprised when the laws they push backfire on them. Still funny to watch their little selves eat their own. When some lefty actually says something sane once in a while, their little heads explode. Commie-fornia wants to secede, and one group even pushing for the middle class to just leave if they don’t like their immigration stance, higher taxes, and anti gun laws.

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    • That sign is one of the scariest things I’ve seen in some time. The attitude it encompasses is very troubling.

      And just think, some of these people are going to be running the country some day.

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      • Yes, I would agree that anyone who voted (in order) for Felon Hillary Clinton, Kenyan-born Filthy Mohammedan Savage B Hussein Obama, John “Lurch The Cowardly ‘War Hero’ ” Kerry, alGore Incorporated, Rapist Clinton, Dukakis, Mondale, Marielito Carter, Socialist McGovern, Hapless Hubert Humphrey, Racist Johnson, Drug-Abusing Kennedy….has committed a Hate Crime and should be locked up.

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  10. How is this any different from the current law making California lose right to keep guns when only arrested for domestic violence (which includes cruelty to a pet such as leaving it in a hot car)? If you have a DV arrest, you have to ask the judge to say “full RKBA restored”.

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  11. Oh, so now you also loose your second amendment rights if you dare to use your first?
    I’m sorry, but either the supreme court strikes this down really fast or somebody has to defend the constitutional rights by other means. Preferrably some army guy who has sworn an oath to protect said rights and does training flights over commiefornia in his bomber.

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  12. The Constitution as a document grants NOTHING, it recognizes and reaffirms those rights already inherent in every one for being human.

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  13. So happy I left the Socialist Peoples Republic of Kalifornia!
    Should have done it many, many more years ago, I ended up staying longer than I should have because of work, and family, finally I just couldn’t take it any longer.
    Now I live in a pro gun, red state, and can actually practice my second amendment right to self-defense legally, and collect any damn fire arm I so choose!

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  14. Glad to see this thread is still active. I shoot at least once a week and pocket carry EVERYWHERE…Originally carried a PM9 that I replaced with an LCP because it carried easier. I shoot a G19 a lot and so when the G43 came out I started considering going back to a 9mm. After replacing my Levis 501s with Lee painter pant style jeans, I found I could easily pocket carry the G43, so I went ahead with the purchase 7 or 8 months ago. It also carries great in my cargo pants/shorts. I have also found that, for me, the DeSantis Nemesis MK pocket holster works best with it.

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  15. No guns in jails or prison. Maybe not on a court room. Ok in the rest of the building. All public spaces Ok. Guns for teachers and school staff and parents.

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  16. That means since only white people can commit hate crimes the California government will only take guns from white people it doesn’t like.
    Then person’s other than whites will have it easier to kill white people.
    Dang a democrats liberal wet dream!

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  17. My questions is “Why wasn’t the Men’s Restroom-creeper/peeper arrested, isn’t there a law about THAT?”

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  18. My safeties are already ambidextrous. I have both my left and right index fingers intact thank goodness. Both, either, are off the trigger unless I don’t need the firearm to be ‘safe’.

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  19. If at all possible!
    Someone should develop an app that lets evrtone track these stores, both to avoid and frequent. If the knowledge was available, gun owners could do it more easily.
    I’m afraid, if they are luke warm, and it’s hard, then they won’t boycott. Let’s make it easy for them.

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  20. I am a frequent patron of this establishment. They have the best bread this side of Paris. I carry concealed, but I respect their wishes and do not carry there. They have every right to ask patrons to not carry, and their 30.06 and 30.07 signs could not possibly be more prominently displayed. Farago was a *repeat offender*. They didn’t call the cops – they called the City’s general information line to see what they could tell Farago, who was admittedly breaking the rules. The City sent cops – the owners didn’t ask for cops to come.

    The owners are *excellent people*. I have spoken with both of them on numerous occasions. They left their native France to come to the United States because they wanted to start a business. One of the owners gave up a good professional career to now work in the back washing dishes and making food. **They wanted to live the American Dream.** They are *exactly* the kind of people who we want to come here and make our country stronger. Anyone who took the position this was a case of ‘foreigners need to go home’ is an asshole straight up.

    They just announced they are taking down their Facebook page because of the deluge of nasty and improper comments, and they are getting bullshit one-star reviews based on this political matter.

    I will make it a point to patronize them as much as I can now. What has happened to them at the hands of the readers of this blog is deeply unfair and anyone who participated in the effort to destroy this business and this family should be ashamed of him- or herself.

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  21. I have heard that talking creates another problem: it slows your reaction time.

    Your reaction time is slower when you are talking because your brain’s limited processing power has to shift from formulating thoughts and language to convey those thoughts — to recognizing that an imminent threat is at hand and formulating a strategy to counter that threat.

    If I understand it correctly, it is that transition that adds to your reaction time.

    I have not seen any sources to back up this claim. I even tried a crude test with family members to investigate whether talking affected their reaction time. The results of my crude test indicated that talking did not affect their reaction time. Has anyone else heard of this? Have any sources?

    Reply

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