Senator Anthony Portantino. (Photo: Kevin Sanders for California Globe)
Sen. Portantino Authors Bill to Force Parents to Disclose Guns in the Home
Is Senate Bill 906 a 4th Amendment violation?
By Katy Grimes, March 22, 2022 5:05 pm
Recently introduced legislation proposes to mandate that parents of public school children must disclose to the school district if they have guns in the home, how they are stored and if they are accessible to the children.
This bill appears to be the Nanny State on steroids, crossing forbidden, protected frontiers.
SB 906 by Senator Anthony Portantino (D – La Cañada Flintridge) “would require, on or before January 1, 2023, the State Department of Education, in consultation with the Department of Justice, to develop model content for use by local educational agencies related to a threat or perceived threat of an incident of mass casualties at a school,” the bill language says.
Senator Portantino’s website defines SB 906 as “a bill that prioritizes student safety by increasing available information on gun access and safe at-home storage of firearms while ensuring quick and robust investigations of imminent school threats.”
Notably, there is no bill analysis available yet.
As Gun Owners of California notes, Sen. Portantino must not be familiar with the 4th Amendment to the Bill of Rights: “The 4th Amendment not only protects, but also promotes the expectation of privacy, ensuring that we, as Americans, have a right to be free from intrusion in our homes.”
The Fourth Amendment says:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
If this dubious bill passes, what’s next? Where does this parental disclosure to public school officials stop? Will parents next be required to disclose how many knives are in the home? Or “dangerous” dogs? Or whether parents strictly adhere to the food pyramid when feeding their children? Will parents be mandated to disclose if they have Tide Pods in the home? Will Sen. Portantino demand to know how much alcohol parents have in the home, or what types of prescription medicines? Or maybe how much alcohol parents consume in a day?
“The thought that an arm of the government – in other words your local school district – could be forced to question parents about what they have in the privacy of their homes – an item legal to own, no less – is shameful,” Gun Owners of California said. “School districts have no more right to question parents about what guns they have than to ask how much beer is in their refrigerator.”
Is Portantino serious or does he assume SB 906 will be smacked down? Could he be playing to his base? The Globe contacted Sen. Portantino’s office and asked about possible 4th Amendment violations. Sen. Portantino believes SB 906 is Constitutional.
As District Judge Roger T. Benitez said last year when threw out California’s 32-year ban on assault weapons, while also clarifying the deliberate and incorrect use of the label “assault weapon,” they could just as well be called “home defense rifles” or “anti-crime guns.”
The Capitol Resource Institute agrees about the privacy violation: “This is a CLEAR invasion of privacy and the school district has no right to ask this of families. The bill claims that these provisions are meant to decrease the threat of a mass shooting at a school, but this is just another way California politicians are infringing on the rights and privacy of gun owners. It is NOT the job of the government to question the actions of law-abiding citizens exercising their 2nd Amendment right to keep and bear arms.”
Portantino appears to be treating SB 906 as a means to an end: “It is my hope to take the politics and hesitancy out of the equation and give school districts the mandate they need to investigate and act on discernible threats,” Portantino said. “Knowing and understanding the signs of potential gun violence can help prevent it. Making information available to schools will help them assess threats and educating parents on the importance of safe storage will make homes safer, too.”
He explains that “upon becoming aware of a credible violent threat, schools must immediately report that threat to the law enforcement authorities, and school leaders, in consultation with law enforcement, must search a student’s on campus property for the presence of firearms.”
Schools already have the authority to search a student’s on-campus property if there is “reasonable suspicion” that searching you will turn up evidence that a student violated a school rule or law, according to the ACLU.
What exactly is a credible violent threat? A parent angry with the school, teacher or school board? Any parent who dares to challenge the authority of a school employee? To call SB 906 a “slippery slope” is an understatement.
SB 906 will be heard in the Senate Education Committee Wednesday, March 23 at 9 a.m. To participate in the hearing, the Participant Call-in Phone Number is 877-226-8163 ~ Access Code: 7362833.
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How the hell are they going to verify if you have guns in the home??? Will the government come to your home and inspect or verify every gun shop in CA if a student’s parents bought a gun?? This bill is assuming that your public-school child will bring a gun from home and start shooting up the place.
Honestly, I would happily lie if I had guns in my home.
The school systems would make the third reich proud!
He can kiss my @ss. I am not reporting anything to this wacked out government
” Will the government come to your home ……”. You can bet on it.
Maybe I’m missing something but how the heck can Sen Portantino’s half-baked proposed unconstitutional over-reaching monstrosity be heard in committee if there is no bill analysis? But like I said, maybe I’m missing something. The speculation that this is playing to Portantino’s base, however, is probably correct. Sounds like a lot of hot air to appease — or gain the attention of — gun-hating voters who have no idea what they are taking about, and not just on this subject.
What’s more, this “protecting the children” mantra from the Dem legislators is clearly phony and they need to stop saying it already, given how the state’s children have been mandated and vaccinated and masked and denied education beyond belief over these past many months, causing harm not yet measured and with the threat of more harm to come, given some of the bills that have been proposed recently up there in the Capitol.
Illegal and not enforceable.. You could see the number of kids in school drop like a rock and be homeschooled if they try that
Great point.
Yes, and in Sacramento, the local school district is now on strike; after not being in the classroom for the better part of 2 years. Already one of the highest paid school districts, the teachers and others are striking for higher wages, increased benefits and more teachers (to add to the union numbers no doubt) . And of course it’s “for the children”. Time to pull all your kids out of public schools permanently!
absolutely AGREE with you Little Dickens
Amen X 100!!!
“Show me zee papers!”
– Gestapo, Circa 1938
As I understand it, the U.S. Constitution overrules any local ordinances. Not going to comply.
Perhaps the people that would enforce such a law could wear brown shirts!
Since child safety is the concern, can parents can ask if there are any drug abusers, sexual predators, pedophiles, or perverts working or volunteering at the school. Parents also should be able to see the transcripts , social media history, criminal history, and gun ownership records of the teachers and people they are entrusting their children to.
After all, safety is the highest priority.
Great points!!
Democrats care nothing for children except for using them to advance their civilization destroying agenda. They use and abuse (and abort) children under the meme “it’s for the children”.
Shall not be infringed upon. What do these idiots not understand?
Another reason to home school. Public schools are no longer necessary with better, more productive home schooling options available.
California legislature continues to assault the freedoms of its citizens. They will interrogate the kids to report their parents. I am sure the parolees and gang members will disclose their arsenals.
to heck with that Nazi dude: No Democrats need apply.
right on Ray
If you have ten thousand regulations, you destroy all respect for the law. – Winston Churchill. These ba$t@rd$ have too much time on their hands. They like regulations, don’t they? Well, here’s one for them. Sessions of the legislature should be regulated according to time. They don’t need to spend more than three months up there, screwing us harder. The longer they spend in session, the more harm they think of doing. This law is unconstitutional. Government’s huge nose is best kept out of people’s homes. La Canada/Flintridge was once safely Republican. However, it is fast becoming occupied territory. 30% are Asian, mostly Korean. It would be interesting how the demographics have facilitated the election of a buffoon like Portantino. Tangentially speaking, the goal of mass immigration is to make white people a minority in the country their ancestors founded, built, and bled for. The political upshot will be ginormous. We are giving our country away to peoples that do not share our values or worldview.
What’s up with these Democrats trying to control every aspect of out lives? They are completely out of control and need to be shown the door?
The doctors in California have been asking this since “Obamacare” started! Who wants to go to an alliopathic doctor anymore. They are just shot and drug pushers and not healers. And now, with the state pushing infanticide…Sane Californians, PLEASE leave the state before ALMIGHTY GOD destroys it!
Not before and until Senator Anthony Portantino shows everyone what’s in *his* underwear drawer!!
Exactly.
Does that include checking the cars and homes and person of members of that extremely violent group of Amish running amok in America?
Another wacko unconstitutional bill dies — Sen Portantino’s attempt to insert the state into people’s homes under cover of “safety” and “protecting children.”
https://apnews.com/article/business-shootings-california-gun-politics-legislature-4029af7375e7ace618e0e0fa617a7a8f
Another one down, ???? to go……..