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California Police Confiscate Guns, Refuse to Return Them

Written by Gary North on May 17, 2012

Two cases in 2011 indicate the state of justice in the state of California.

Police in two cities followed the same procedure. Each sent officers to a man’s home. The police confiscated firearms unrelated to the investigation. Then they refused to give back all of the guns.

In Oakland, police went to a man’s home to investigate his brother’s suicide. Not suspecting anything amiss, he let them into his home. Then they took all of his guns.

The police refused to return one of them. They claimed it is an assault rifle. He disputed this. So do his lawyers.

The second man lives in San Francisco. The police came to investigate him. They took his weapons. The district attorney dismissed the charges against him. The police kept a Remington .22 rifle, a 12-gauge shotgun, and five other guns.

The police claim he could not prove that he owned them. But they can’t prove that he didn’t. Possession is nine-tenths of the law, but not for citizens. It is for the police after the police confiscate the citizen’s weapons.

Both victims have gained free legal counsel from a Second Amendment Foundation, a public interest law firm. Otherwise, legal fees would have been more costly than the guns’ market value.

The police did not factor in this possibility, I suspect. Now they are facing lawsuits in federal court.

The attorneys are arguing more than just confiscation. They are arguing that the state’s Department of Justice has adopted a policy of recommending such action to local police departments.

The plaintiffs are suing the head of the California Department of Justice and the police departments. The goal is to get a favorable ruling that will keep this from happening again.

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23 thoughts on “California Police Confiscate Guns, Refuse to Return Them

  1. waynesalhany says:

    How is it possible that the "law" is above the "law"? Is this not an excellent example of what happens when a nation turns its back on what is good, right and TRUE?

  2. Wayne, the problem is "the law" is not the law!

    "'For YHWH is our judge, YHWH is our lawgiver, YHWH is our king….' (Isaiah 33:22)

    ' There is one lawgiver….' (James 4:12)

    "As the source of morality, Yahweh is the source of all true law. Because legislation enacts morality, morality and legislation are indivisible. Yahweh holds the monopoly on legislation and thus on the determination of what is good and what is evil. For this reason, [we should] make a distinction … between what is lawful by Yahweh’s standards and what is legal by man’s standards. Invariably, man makes illegal what is lawful and legal what is unlawful.

    "For any man or group of men to legislate a different code is tantamount to calling good evil and evil good and makes a mockery of Yahweh’s law.

    'How do ye say, We are wise, and the law of YHWH is with us? Lo, certainly in vain [Strong’s, a sham] made he it; the pen of the scribes is in vain. The wise men … have rejected the word of YHWH; and what wisdom is in them?' (Jeremiah 8:8-9)"

    For more, see Chapter 4 "Article 1: Legislative Usurpation" of "Bible Law vs. the United States Constitution: The Christian Perspective" at http://www.missiontoisrael.org/biblelaw-constitut….

    Find out how much you really know about the Constitution as compared to Yahweh's moral law (His commandments, statutes, and judgments). Take our Constitution Survey at http://www.missiontoisrael.org/constitutionsurvey… and receive a free copy of the "Primer" (an 85 page book, normally $7 plus shipping) of "Bible Law vs. the United States Constitution."

  3. JohnGalt=NikolaTesla says:

    Because like bullies they can get away with it, until enough good folks finally get caught up in the injustice.

  4. If the cops don't like people having guns then they need to be put in prison with the rest of the criminals. Or if nothing else they need to let all of the thieves out of jail since the cops shouldn't be hypocritical enough to arrest them for stealing when they're doing it themselves.

  5. All the more reason to get our authority for the RESPONSIBILITY to bear arms in defense of ourselves, family, and neighbors for Yahweh: "Let the high praises of God be in their mouth, and a twoedged sword in their hand; to execute vengeance upon the heathen, and punishments upon the people; to bind their kings with chains, and their nobles with fetters of iron; to execute upon them the judgment written: this honour have all his saints. Praise ye Yah!" (Psalm 149:7-9)

    "As a gun owner and hunter, I am very concerned about my 'right' to keep and bear arms. However, as the Christian head of my home, I am much more concerned about my God-ordained responsibility to keep and bear arms for the protection of my family, home, and possessions. I am not a Second Amendment advocate. Americans who tout the Second Amendment as their authority to keep and bear arms may ultimately do more harm than good to their so-called right….

    "Disconcerting as many Americans may find the erosion of the Second Amendment guarantee, what is even more disturbing is that five people have the power to decide whether United States citizens have the right to protect themselves and their families, to what degree, and with what weapons. The Supreme Court has ruled that Americans have the right to bear arms, but only until they say otherwise…. If you look to the Second Amendment for your authority to bear arms, that authority is contingent upon the fickle nature of nine fallible human beings."

    For more, see "Amendment 2: Self-Defense: Constitutional or Biblical?" at http://www.missiontoisrael.org/biblelaw-constitut….

    We are at the very beginning of what perhaps is the most significant paradigm shift in America's history (besides perhaps the 17th-century Puritans establishing their Colonial governments upon Yahweh's law). America is beginning to recognize her national idol that like Gideon of old must be repented of before we can regain Christian dominion of our nation. Our darkest hour will prove to be our brightest moment. I offer as proof a radio interview Larry Pratt, Executive Director of Gun Owners of America conducted with me on December 31, 2011. You can listen to or download it from Gun Owner's of America's website at http://irnusaradio.com/our-programs/gunowners-new…. See the seventeenth entry from the top, entitled "Ted Weiland: Bible Law vs. the United States Constitution."

  6. 2WarAbnVet says:

    Hoplophobes (those who fear guns) are determined to disarm the populace by any means possible. California is, of course, a hotbed of hoplophobia.

    "… arms … discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property…. Horrid mischief would ensue were (the law-abiding) deprived the use of them." – Thomas Paine

  7. junkbin says:

    you take the salary of the head of the state joj, the city attorney, the police chief, the arresting officer, the mayor and the governor until the plaintiffs judgement is payed off. Making to sting in appropriate wallets would help stoop this sort of thing. As long as the taxpayer is stuck with the bill, the government will keep jacking around the citizen

  8. catchesthewnd says:

    Ted. Its alright to type YAHWEH or GOD. Do not be ashamed or embarrased to mention his name. For GOD is the only GOD and there shall be NONE others before him. Not even the heathen muslims can stand before GOD unless they repent and accept the one true GOD.

  9. catchesthewnd says:

    To file a civil suit is the proper direction to take. Also, unless the police have a warrant to enter your home there is no reason to let them in. If they knock on the door deny them entrance and talk to them outside the home.

  10. I did type Yahweh, so I'm not sure your point. I use Yahweh often. Why should be less tenacious about identifying our God by name than are the Muslims their "god"? Yahweh inspired the Tetragrammation (the four Hebrew characters YHWH, representing His primary name) nearly 7,000 times in the Old Testament. Following a Jewish tradition (which we are warned against in Matthew 15:6-9), the English translators, on their own volition, chose to eliminate His name from His word (while retaining the name of all the pagan gods named therein) and replaced it with the generic titles "the LORD" and "GOD," when found in all capital letters. That we not participate in the Third Commandment violation of the translators, when we read the Old Testament, we should cross out "the LORD" and "GOD" and reinsert Yahweh's name where He inspired it to appear.

    For more, see "Thou shalt not take the name of YHWH thy God in vain" at http://www.missiontoisrael.org/3rdcom-pt1.php.

  11. Good point Ted. Often when I read the Bible I substitute YHWH or Jehovah when I see LORD because then the passage makes sense rather than being a non sequitur, e.g., "Who is the LORD (YHWH) that I should obey His voice to let Israel go? I do not know the LORD (YHWH), nor will I let Israel go" (Ex. 5:2); "Now when all the people saw it, they fell on their faces; and they said, 'The LORD (YHWH), He is God! The LORD (YHWH), He is God!'" (I Ki 18:39). Neither of these passages makes much sense (they are seeming redundancies) when using the word LORD but make good sense when using YHWH. In the same way, I often translate Christ to Messiah, since Messiah (to my mind at least) is a meaningful term but Christ is just a God-word. This can be taken a step further and the terms rendered into English: YHWH="I AM" or I AM WHO I AM" and Messiah="The Anointed One" (with all that that implies–anointed priest, prophet, and king of Israel). Hope this is helpful to the discussion.

  12. David, very good! You might want to refrain from Jehovah, however:

    "The editorial board of the New American Standard Bible made the following admission:

    'This name [Yahweh] has not been pronounced by the Jews…. Therefore, it has been consistently translated Lord.'
    What the Jews pronounce or do not pronounce should have no bearing on how God’s inspired Word is translated.

    "The Complete Bible: An American Translation, also known as The Smith and Goodspeed English Bible, is probably the most candid:

    ' As nearly as we can now tell, the Hebrews called their Deity by the Name Yahweh, and in a shorter form, Yah…. In course of time … [YHWH was] substituted [with] the Hebrew word “Lord.” When vowels were added to the text, the consonants of “Yahweh” were given the vowels of “Lord.” Somewhere in the fourteenth century A.D. Christian scholars, not understanding this usage, took the vowels and consonants exactly as they were written and produced the artificial name “Jehovah” which has persisted ever since. In this translation we have followed the orthodox Jewish tradition and substituted “the Lord” for the name “Yahweh” and the phrase “the Lord God” for the phrase “the Lord Yahweh.” In all cases where “Lord” or “God” represents an original “Yahweh” small capitals are employed. Anyone, therefore, who desires to retain the flavor of the original text has but to read “Yahweh” wherever he sees LORD or GOD.'

    "In light of Matthew 15:3, the English translators have no excuse for their actions:

    'But he [Yeshua] answered and said unto them [corrupt Judahite scribes and Pharisees], Why do ye also transgress the commandment of God by your tradition? …in vain they do worship me, teaching for doctrines the commandments of men.' (Matthew 15:3-9)

    Excerpted from "Thou shalt not take the name of YHWH they God in vain" at http://www.missiontoisrael.org/3rdcom-pt1.php.

  13. Texas Chris says:

    In Houston they are now wasting space on speeding tickets to tell us that a violent or domestic violent offense may make it illegal for you to own guns..this is true anyway, but on a TRAFFIC TICKET???

    We still have a right to own guns, but the government is now using underhanded tactics to take them away.. AND WE ARE LETTING THEM IN EVERY INSTANCE…

    this is the problem with this country WE THE PEOPLE ARE SILENT

  14. Guest-USA says:
  15. Mutanteone says:

    Under Obama's regime the "Fast and Furious" scam was initiated for the removal of all guns from law abiding citizens. Just look at Obama's denial that he knew anything about the "Fast and Furious" scam when Rahm Emanuel reports that he knew about the operations while he was at the White House. Not only high caliber weapons but conversion kits to make semiautomatic weapons full auto, and explosives as well and the makings for grenades and an uncounted number of rocket launchers.
    Operation Gunrunner–in which the government authorized the sale of weapons with the intent of letting these weapons fall into the hands of Mexican drug cartels, which were used to Kill an American border agent.

    Operation Castaway–in which the government authorized the sale of weapons knowing they would fall into the hands of Honduran gangs, such as MS13 and the Mara Salvatrucha and the rival Mara 18, An estimated 20,590 people died violently here in the last five years, according to the Madrid-based nonprofit Observers of Violence in massive shoot outs to control the drug industry.
    und.  Charged in connection with the shooting of an Indianapolis police officer last week are gang members, the Marion County Prosecutor's Office Gonzalez-Ramirez is a member of the Puros Vatos Locos street gang, and Taboada-Perez is a member of the SCT-13 gang. Both have tattoos that express allegiance to those gangs, authorities said. and other weapons have been found at crime scenes in that state and surely have spread out from there to other gangs.
    Project Gangwalker the ATF and the DOF allowed the straw purchases of weapons which eventually ended up in the hands of United States gang members in Indiana” Operation Community Shield,” individuals are from El Salvador, three are from Mexico, one is from Honduras and one is from Haiti. ICE said the individuals are members or associates of the following street gangs: MS-13, Sur-13, and Zoe Po.
    Anything to make the citizens unable to protect themselves and the Constitution which Obama is set to bring down opening our security network to the Muslim Brotherhood which I think lead to the deaths of all of the CIA's agents in the Middle East again Obama's finger prints are all over it.

  16. This is what happens when a nation let's the Constitution, take "bits and pieces" of the constitution over a period of time!

  17. junkbin says:

    That is their attitude. The Police Department of San Diego California has as a motto, We do not enforce the law, we are the law. They are dead serious about this.

  18. junkbin says:

    That is their attitude. The Police Department of San Diego California has as a motto, We do not enforce the law, we are the law. They are dead serious about this.

    By the way, y"all want to do your how many evangelicals can dance on the head of a pin somewhere else. I read the Scriptures daily and do not find it necessary to do an essay a day in a non religious forum

  19. they do that here in Kansas also, You are entitled to get your guns back but you have to sue to compel their return. However after you have essentially paid for your lawyers as well as the governments you end up broke and have spent more than the guns are worth. Sometimes even after proving your case they inform you that the guns have been lost or they just just plain don't give them back.

  20. wnettles says:

    Yall need to pass state legislation that makes it ILLEGAL to remove a primary source of protection (gun) from the property of any person in the state without a warrant and just cause. Prop it up with a minimum 1 year penalty in prison and most law men would think about the ethics of their job, rather than just the ego trip or the larcenous incentive.

  21. Public_Citizen says:

    This is where you sooner or later end up when you allow police to directly benefit from the confiscation of the property of private citizens.
    The law is blurred between what is right and what is wrong to the point where rationalization and self justification turn the protector into the predator. The rule of law is rapidly breaking down as the state turns cannibal and consumes, first the productive citizenry, then those least able to defend themselves from unlawful predation executed under color of law.
    If the means of self protection are unlawfully removed without penalty from one citizen it will only become easier for that same predation to be perpetrated again and again.
    These departments and their individual perpetrators ~~must~~ be made as public an example as possible as a warning to those who would attempt similar actions in the future. The perpetrators need to be fired and stripped of their current and future benefits, including pensions. The department heads need to be barred from any law enforcement positions now and in the future. They have broken a public trust and demonstrated that they are not capable of handling the responsibility that comes with such positions.

  22. All the more reason to hide the darned things, and allow the police only "throw downs" IF they search your house. They find the "throw downs" and yours are intact.

  23. dale briggs says: