Losing Due Process And The Second Amendment

The Second Amendment of the U.S. Constitution states:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The Fourth Amendment of the U.S. Constitution states:

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.

Someone needs to explain this to the people writing laws in California. Yesterday Breitbart.com reported:

According to KPCC (Member of National Public Radio, operated by Pasadena City College), GVROs (gun violence restraining orders) “could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police.” And since the order can be issued without the gun owner even being present to defend him or herself, confiscation can commence without any notice to the gun owner once the order is issued.

To be fair, Los Angeles Police Department Assistant Chief Michael Moore does not use the word “confiscate” when talking about confiscating firearms. Rather, Moore says, “The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will.”

California laws already ban people from owning guns if they have committed a violent crime or were involuntarily committed to a mental health facility. It seems odd than an additional law would be required. The potential for mischief under this new law is endless–a neighborhood spat, a divorce, a lover’s quarrel could all result in someone losing their guns without due process and also without any real reason. Hopefully, the first time anyone attempts to take away a legally owned gun without due process, there will be a massive lawsuit filed that will result in the law being declared unconstitutional, which I believe it is.