A landmark gun seizure law recently took effect on January 1 in California, allowing gun confiscation without notice.
The new law gives police authorities and family members the leeway to petition the courts to allow seizure of guns and gun ammunition from anyone they believe poses a threat to their safety and to others.
The recently passed law is the first of its kind in the U.S., and has been patterned on the firearms prohibition clause contained in domestic violence restraining orders, which allows law enforcement officers or “immediate family members” of the accused to request the courts for a restraining order. It also bans the person from purchasing firearms or ammunitions, The Guardian wrote.
As contained in the new law, a petitioner filing for a firearms restraining order is required to tell the court why they believe the subject of the R.O. presents a danger to others or to themselves due to their possession of firearms, or their intent to purchase a gun, the Washington Post reported.
If the petition merits a restraining order, the judge can issue a temporary R.O. within 24 hours of the petition, and the subject is required to surrender their firearms and ammunition within another 24 hours.
Before the temporary restraining order expires, the judge who issued it will review the evidence that may be composed of photos, threatening messages, damaged property, or written witness testimony at a hearing where both parties are present, and decide whether to terminate the T.R.O. and return the firearms, or extend the restraining order for another year, Veterans Today said.
The “gun violence restraining order,” which was introduced by former California lawmaker, Nancy Skinner in 2014 as Bill AB 1014, has raised a multitude of questions among lawmakers and pro-gun groups about how effective it will prove to be, as well as its impact on civil liberties.
