Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Pause for Safety Act of 2015
As we enter the legislative season, we can look forward to more anti-gun craziness.  The Pause for Safety Act of 2015 was described in the last issue of America’s 1[sup]st[/sup] Freedom in an article describing how California cross-references various databases and uses DOJ swat teams to go house to house to confiscate guns if someone appears in any prohibited persons databases (e.g., the VA's list of 177,000 vets who are considered adjudicated mental defectives).

On its surface, the bill may have political appeal in light of the mentally ill individuals involved in mass shootings.

The bill was introduced in Congress in January (I have no clue about its current status) and has passed in California.  I would not be surprised if a version of this is introduced in Colorado.  Note that the federal version of this bill authorizes grant money to states to enact legislation that promotes this bill.  “Free federal money” is something no state/local agency in Colorado can resist. 

Barbara Boxer's press release on the bill says that it is intended to give money to local law enforcement to facilitate cross-referencing various databases with gun ownership, something that California does in it confiscation efforts.  In Colorado, I can imagine federal money being made available to local law enforcement with the condition that they can get the money if they cross reference MMJ databases (all prohibited persons) with gun related databases (e.g., CHP applicants, background checks, pawn shop tickets).
Below is the legislative summary of the Pause for Safety Act of 2015.  Basically, if enacted, anyone who falls into the category of “close associates” could apply for a court order to take guns away from a person they believe is dangerous.  Then, that person would have to go to court to prove that he was not dangerous.  Based on the summary below, the standard of proof is pretty low -- "probable cause" that the accused individual presents a danger to others.

Pause for Safety Act of 2015

Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice to make grants to to assist states in carrying out state legislation that: (1) authorizes family members or close associates of an individual to apply for, and state courts or magistrates to issue, gun violence prevention orders (prohibiting a named individual from owning, purchasing, possessing, or receiving firearms because such individual poses a significant threat of personal injury to the individual or others) and gun violence prevention warrants (directing a law enforcement officer to temporarily seize any firearm in the possession of such individual); and (2) requires each law enforcement agency of the state to comply with a procedure that requires a law enforcement officer, in conjunction with performing a wellness check (a visit to an individual's residence to assess whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition), to check whether the individual is listed on any of the firearm and ammunition databases of the state or jurisdiction in which the individual resides.  

Requires: (1) a court issuing such an order and warrant to hold a hearing within 14 days to determine whether the individual who is the subject of the order may own, purchase, possess, or receive firearms and whether any seized firearms should be returned; (2) the state or petitioner to establish probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm; (3) the individual to be prohibited from possessing a firearm for up to one year if he or she is found to pose a significant threat; and (4) the firearm to be returned if the court finds that the state has not met the required standard of proof. Authorizes a law enforcement agency to seek renewal of an order if it has probable cause to believe the individual continues to pose a threat.

Amends the federal criminal code to prohibit: (1) the sale or disposition of a firearm or ammunition to anyone subject to such an order; and (2) any person subject to such an order from owning, purchasing, possessing, or receiving any firearms.
(09-20-2015, 06:19 PM)MarkS Wrote: If this article is accurate, apparently Jeb Bush thinks the California Pause for Safety law is a good idea

Users browsing this thread: 1 Guest(s)