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Old October 23, 2012, 11:51 PM   #5
Senior Member
Join Date: February 1, 2011
Posts: 345
Any update? The MTD was set to be heard last week. The opposition was a pretty nifty piece, and of course it helps that both the City of Oakland and the City of San Francisoc have conceded that requiring a gun owner to provide proof of ownership prior to return of a seized firearm is not allowed or required under the Penal Code. The DOJ will probably keep fighting though, as Kamela Harris is vehemently anti-gun, and has put in place a number of administrative hurdles to the exercise of rights by citizens. In additiont o this nonsense (which appears to have no purpose other than dissuading gun owners against whom no charges are filed from attempting to retieve their property), she has instituted a policy to put "holds" on background clearances for purchases wheneever they are able to locate a prior criminal complaint filed against the purchaser whenever the resolution of the case does not appear in the court's record and/or the DOJ cannot ascertain whether the misdemeanor charges was a crime of violence. Both grounds are bogus--the code only allows the denial of the right to purchase to misdemeanants CONVICTED of a crime of violence--and if there is no record of conviction, then there was no conviction, right? Nonetheless, the DOJ is requiring people to go back decades to prove that charges were resolved in their favor, sometimes decades ago. Again, CalGuns is on the job.
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