california seizes guns as owners lose right to keep arms

7/28/2019 California Seizes Guns as Owners Lose Right to Keep Arms

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Bloomberg.com Businessweek.com Bloomberg TV

California Seizes Guns as Owners Lose

Right to Keep Arms

Wearing bulletproof vests and carrying 40-caliber Glock pistols, nine California Justice

Department agents assembled outside a ranch-style house in a suburb east of Los Angeles.

They were looking for a gun owner whod recently spent two days in a mental hospital.

They knocked on the door and asked to come in. About 45 minutes later, they came away

peacefully with three firearms.

California is the only state that tracks and disarms people with legally registered guns who have

ost the right to own them, according to Attorney General Kamala Harris. Almost 20,000 gun

owners in the state are prohibited from possessing firearms, including convicted felons, thoseunder a domestic violence restraining order or deemed mentally unstable.

What do we do about the guns that are already in the hands of persons who, by law, are

considered too dangerous to possess them? Harris said in a letter to Vice President Joe Biden

after a Connecticut school shooting in December left 26 dead. She recommended that Biden,

heading a White House review of gun policy, consider California as a national model.

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By Michael B. Marois & James Nash - 2013-03-12T19:06:26Z

California Department of Justice police agents walk towards a house near Ontario, California on Tuesday,

March 5, 2013. The agents, working for the only state-level program to confiscate illegal firearms from

owners, targeted people whod once legally purchased firearms and lost the right after being convicted of

violent crimes, committed to mental institutions or hit with restraining orders.

Patrick T. Fallon/Bloomberg

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As many as 200,000 people nationwide may no longer be qualified to own firearms, according to

Garen Wintemute, director of the Violence Prevention Research Program at the University of

California, Davis. Other states may lack confiscation programs because they don t track

purchases as closely as California, which requires most weapons sales go through a licensed

dealer and be reported.

Very, very few states have an archive of firearm owners like we have, said Wintemute, who

helped set up the program.

Funding Increase

Harris, a 48-year-old Democrat, has asked California lawmakers to more than double the

number of agents from the current 33. They seized about 2,000 weapons last year. Agents also

took 117,000 rounds of ammunition and 11,000 high-capacity magazines, according to state

data.

Were not contacting anybody who can legally own a gun, said John Marsh, a supervising

agent who coordinates the sometimes-contentious seizures. I got called the Antichrist the other

day. Every conspiracy theory youve heard of, take that times 10.

The no-gun list is compiled by cross-referencing files on almost 1 million handgun and assault-

weapon owners with databases of new criminal records and involuntary mental-health

commitments. About 15 to 20 names are added each day, according to the attorney general s

office.

Probable Cause

Merely being in a database of registered gun owners and having a disqualifying event, such as

a felony conviction or restraining order, isnt sufficient evidence for a search warrant, Marsh said

March 5 during raids in San Bernardino County. So the agents often must talk their way into a

residence to look for weapons, he said.

At a house in Fontana, agents were looking for a gun owner with a criminal history of a sex

offense, pimping, according to the attorney generals office. Marsh said that while the woman

appeared to be home, they got no answer at the door. Without a warrant, the agents couldn t

enter and had to leave empty- handed.

They had better luck in nearby Upland, where they seized three guns from the home of Lynette

Phillips, 48, whod been hospitalized for mental illness, and her husband, David. One gun was

registered to her, two to him.

The prohibited person cant have access to a firearm, regardless of who the registered owner

s, said Michelle Gregory, a spokeswoman for the attorney general s office.

Involuntarily Held

n an interview as agents inventoried the guns, Lynette Phillips said that while she d been held

nvoluntarily in a mental hospital in December, the nurse who admitted her had exaggerated the

magnitude of her condition.

Todd Smith, chief executive officer of Aurora Charter Oak Hospital in Covina, where documents

provided by Phillips show she was treated, didnt respond to telephone and e-mail requests for

comment on the circumstances of the treatment.

Phillips said her husband used the guns for recreation. She didnt blame the attorney generals

agents for taking the guns based on the information they had, she said.

I do feel I have every right to purchase a gun, Phillips said. Im not a threat. Were law-abiding

citizens.

No one was arrested. Most seized weapons are destroyed, Gregory said.

Its not unusual to not arrest a mental-health person because every county in the state handles

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3/6

those particular cases differently, Gregory said by e-mail. Unless theres an extenuating need

to arrest them on the spot, we refer the case to the local district attorneys office, she said.

Convicted Felons

Agents more often arrest convicted felons who are prohibited from buying, receiving, owning or

possessing a firearm, Gregory said. Violation of the ban is itself a felony.

The state Senate agreed March 7 to expand the seizure program using $24 million in surplus

funds from fees that gun dealers charge buyers for background checks.

Andrew Arulanandam, a spokesman for the National Rifle Association, a gun lobby based inFairfax, Virginia, that says it has more than 4 million individuals as members, didnt respond to a

request for comment on the program.

Sam Paredes, executive director of the Folsom-based advocacy group Gun Owners of

California, praised the program, though not how it is funded.

We think that crime control instead ofgun control is absolutely the way to go, he said. The

ssue we have is funding this program only from resources from law-abiding gun purchasers.

This program has a benefit to the entire public and therefore the entire public should be paying

through general- fund expenditures, and not just legal gun owners.

To contact the reporter on this story: Michael B. Marois in Sacramento at

[email protected] James Nash in Los Angeles [email protected].

To contact the editor responsible for this story: Stephen Merelman at

[email protected]

Enlarge image

Enlarge image

Enlarge image

Special Agent Supervisor John Marsh

who coordinates the operations around

California, said: Were not contacting

anybody who can legally own a gun.

The only people were contacting are

people who are prohibited from owning

guns. Photographer: Patrick T.

Fallon/Bloomberg

Weapons and ammunition seized from

he home of Lynette and David Philllips

by agents with the California

Department of Justice police in Upland,

California. Photographer: Patrick T.

Fallon/Bloomberg

Lynette Phillips, 48, and her husband,
http://www.bloomberg.com/photo/lynette-and-david-phillips-/301167.htmlhttp://www.bloomberg.com/photo/california-raiders-seize-guns-as-owners-lose-right-to-bear-arms-/301169.htmlhttp://www.bloomberg.com/photo/california-raiders-seize-guns-as-owners-lose-right-to-bear-arms-/301165.htmlmailto:[email protected]:[email protected]://topics.bloomberg.com/los-angeles/mailto:[email protected]://topics.bloomberg.com/sacramento/http://topics.bloomberg.com/gun-control/http://topics.bloomberg.com/virginia/http://topics.bloomberg.com/national-rifle-association/


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Enlarge image

Enlarge image

Enlarge image

David Phillips, 51, sit in their home in

Upland, California on March 5, 2013.

Lynette, a nurse, had to surrender three

guns after spending two days in a

mental hospital in December.

Photographer: Patrick T.

Fallon/Bloomberg

Weapons with ammunition seized from

he home of Lynette and David Phillips

by agents with the California

Department of Justice police in Upland,

California. Photographer: Patrick T.

Fallon/Bloomberg

California Department of Justice police

agents walk towards a house near

Ontario, California on March 5, 2013.

Photographer: Patrick T.

Fallon/Bloomberg

Special Agent Supervisor John Marsh

with the California Department of

Justice drives out to seize illegal

firearms near Ontario, California on

March 5, 2013. Photographer: Patrick

T. Fallon/Bloomberg

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