California’s Armed & Prohibited Persons Program Being Credited For Recent Arrest Is Dubious

CalGunLaws.com
CalGunLaws.com

San Diego, CA –-(Ammoland.com)- California Attorney General, Kamala D. Harris, has issued a press release announcing that Department of Justice, Bureau of Firearms agents “conducted an Armed and Prohibited Persons (APPS) investigation” that resulted in the seizure of nine firearms, as well as a large amount of ammunition and “large capacity” magazines.

While the DOJ’s success in this arrest may be laudable, the Attorney General’s claim that this is an APPS program related success is dubious.

APPS is a system unique to California. The California DOJ cross-references its list of people who legally registered handguns and so-called “assault weapons” since 1996, with its list of people who subsequently are prohibited by law from possessing firearms for either a disqualifying criminal conviction, restraining order, or m0ntal health issue. Where there is a match, DOJ conducts an investigation to determine whether the person on both lists still possesses any firearms. DOJ personnel typically visit the residence of the person, without a warrant, and try to conduct an interview whereby the elicit incriminating statements.

As explained in a previous CalGunLaws.com article and two NRA News videos, although APPS is good in theory, in practice, its impact ranges from incidental to unjust. Many, if not most, people on the prohibited list don’t know it, aren’t dangerous, and could have their gun rights restored by simply filing some paperwork.

According to the Attorney General’s recent press release, the person arrested is a convicted felon who is prohibited from possessing firearms, ammunition, and magazines, and who obtained all the seized guns illegally. But the language of the Attorney General’s press release itself casts doubt on the claim that the APPS system played a role in this case at all. While it is possible APPS contributed to this bust in some way, it is not clear how it could. APPS depends on legally registered firearms already being in the database of guns registered to gun owners. But here, the Attorney General explains, all the firearms seized from the individual arrested were obtained illegally and were mostly “unregistered assault weapons.”

Those unregistered or illegally obtained firearms would not be on the APPS system list in the first place.

Also, the Attorney General’s release describes the operation as a “probation search.” Law enforcement can legally search the homes of people on formal probation without a warrant. Those people on probation have waived their Fourth Amendment rights. As such, APPS has little to do with a probation search. Agents do not need evidence from APPS (to the extent there is any) to conduct probation searches and a seizure if they then find something illegal. So where did the information that lead to the search come from?

The Attorney General’s effort to tie the arrest of what appears to be a true bad guy to the APPS program comes on the heels of recent criticism – like that in the articles and videos linked above – that APPS rarely actually leads to seizures from “violent felons” or “people found mentally ill by a court” as the Attorney General has claimed in order to justify the cost of the program.

We will continue to dig for more facts. Stay tuned for details about what we find.

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Maluka

If it comes from Khalifonia it is either communist in origin or at best illegal. The state is run by fruits, nuts and flakes who are elected by the ignorant. Russians, North Koreans and Iranians have more rights than Khalifornians. NK and Iran does not have a choice but Khalifornians do have a choice but are too stupid to know what to do.

Timothy

It is to bad we can not get these anti-American 2nd Amendment violators to give up. Imagine instead if we could get that same amount of money and power corruption to create state ban’s on Catholic and Orthodox Religious denominations creating laws stating they are not allowed to sell their religious materials as they stand against our own perspectives and that they are not allowed to own property for the purpose of religious worship or instruction. Would these infractions be treated the same as they would be against the 1st Amendment instead of the 2nd? I personally want to own… Read more »

ladyblueii

Seems like they are trying to use that excuse so they can get these guns. Someone, an agent, wasn’t thinking that a judge would so readily realize that about the APPS program. They knew what he had,& they didn’t want him to have them. Now….they are UNREGISTERED….so they DO NOT have to return them too him. No win for him!