U.S. CONST. Art. I § 9, Cl. 3:
No Bill of Attainder or ex post facto Law shall be passed. U.S. CONST. Art. I § 10, Cl. 1: No State shall ... pass any Bill of Attainder, ex post facto Law. In 2019 [citation] Welf and Inst Code 8103 was amended to state that anyone who had been 5150'ed more than once in a single year was now subject to a state lifetime ban on firearms. Given this, consider someone who was prohibited due to 2 5150s in 1998, purchased firearms in 2005 after the expiry of the holds, and then in 2020, their firearms were discovered because their firearms were registered in CFARS and their 5150 hold history was discovered through MHRS as the mandate from our DOJ around 2016 was for facilities to send all old records to be updated electronically. Given CA's comprehensive databases, the CFARS records and the MHRS 5150 records trigger a new record/hit in APPS which leads to LE going out to retrieve the firearm. Their success rate will vary as LE's ability to retrieve firearms from APPS hits is an ongoing subject of concern. Now due to a bar on prosecution of ex post facto laws, the person cannot be prosecuted for possession so long as they submit to the civil forfeiture order. It is the continued possession that triggers prosecution as the statute of limitations is determined by the last known date of possession not the date the firearm was purchased.
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