California blocks gun sales to those at risk of breaking law

[Omaha Steve]

Source: AP

By DON THOMPSON

SACRAMENTO, Calif. (AP) — Gun makers and dealers in California will be required to block firearms sales to anyone they have “reasonable cause to believe is at substantial risk” of using a gun illegally or of harming themselves or others, under a new law that Gov. Gavin Newsom announced Tuesday that he had signed.

It’s a subjective requirement that goes farther than current background checks or prohibitions on selling guns to people prohibited from owning them.

The regulation is part of the new law creating a good conduct code for gun makers and dealers that also allows anyone who suffers harm from violations to sue.

The bill was one of more than a dozen adding to California’s already strict gun regulations that were sent to Newsom, a Democrat, by state lawmakers before they left for their monthlong summer recess.



FILE - Homemade rifles are displayed on a table at an ATF field office in Glendale, Calif., on Aug. 29, 2017. Gov Gavin Newsom signed a bill by Assemblyman Phil Ting, D-San Francisco, Tuesday, June 12, 2022, that creates a good conduct code for gun makers and dealers and allows anyone who suffers harm from violations to sue. (AP Photo/Jae C. Hong, File)


Read more: https://apnews.com/article/california-gun-politics-legislature-gavin-newsom-42081c0b5d0e0a65b73e3c0e846d1851

[AndyS]

1. It makes sense. As a store clerk in a convenience store I could be prosecuted

if I sold beer to someone who later had a DUI or other violation. I would have to prove that the offender was sober when they left my store. Why not apply the same thing to guns? As it is an FFL or a private citizen cannot legally sell to someone they believe to be prohibited even if they pass a BG check. A sale can be denied for any reason, be it beer or gun, at the discretion of the seller.

[Polybius]

4. You could only be prosecuted if you don't ID them, or if they are already intoxicated

If a normal, non-drunk 30 year old buys a 12 pack, whatever he does after he leaves the store is on him and the law, not you.

[AndyS]

5. Thanks for reinforcing what I said.

The point being that I could refuse the sale for any reason. If I had the slightest inkling the buyer had been drinking, intoxicated or not, I was encouraged to refuse the sale. I was known to refuse a sale for a snotty attitude. The whole thing about guns is bass akwards to that.

[iluvtennis]

2. Woohoo.

[madville]

3. Will be interesting to see how this plays out

Vague or subjective laws are basically unenforceable and potentially easily abused. The redneck gun shops will probably start refusing sales to Black and Brown “gang members”. Who gets to decide what a reasonable cause for substantial risk is?

[Calista241]

6. How'd you like to be that sales clerk?

that has to tell the person that they passed their background check, but that you have bad vibes and are therefore declining to allow them to purchase. Didn't we go through this already with gay marriage and wedding cakes?

[ripcord]

7. Show cause was struck down because it was subjective

Last edited Wed Jul 13, 2022, 11:13 AM - Edit history (1)

Why does anyone think another subjective requirement on gun ownership will be allowed? Most likely it will be challenged and SCOTUS will have another chance to loosen more limits on gun ownership.