It’s a restraining order, but for guns.
California residents can now petition a judge to temporarily remove a person’s firearms and ammunition if they fear he or she is violent and likely to commit a violent act with a gun.
The legislation, signed into law last September, was in response to the 2014 Isla Vista massacre after police were unable to confiscate the weapons of shooter Elliot Rodger, even after family members expressed concern about his mental health. He later went on a rampage and killed six people.
Locally, this law could have helped prevent several domestic violence-related homicides last year in Salinas, Police Chief Kelly McMillin says.
“Most domestic violence victims know when they feel endangered and this has the potential to save lives and get guns away from those violent people,” McMillin says. “It’s a cooling-off period.”
Defense Attorney Philip Crawford, who mostly represents people in domestic violence cases, says this law is a step in the right direction, but counters the system could be abused.
“Anyone can call and say someone is a threat, and the burden is on you to prove your innocence,” Crawford says.
But like a civil restraining order, the so-called gun violence restraining order would last 21 days, and could be extended up to a year, after a notice and a hearing.
“It’s not gun control, it is based on evidence,” says Monterey County Deputy District Attorney Rolando Mazariegos. “It’s not a random selection to take guns away from people, it’s when evidence leads to weapons being seized.”
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