Under a new gun control law restraining orders can be exacted upon a person without their knowledge, allowing police to seize any guns for 21 days. This law goes into effect on January 1st of 2016 and does not require a judge to hear from the person with the gun seizing order, in fact the person may not even know about the order until the police show up to seize the firearms.
State lawmakers in California approved the bill and Gov. Jerry Brown signed it after a shooting in California in 2014, in another case of a knee-jerk reaction to guns that does nothing to actually stop or prohibit gun violence.
Accordint to scpr.org,
Under the new law, a restraining order could be issued without prior knowledge of the person. In other words, a judge could issue the order without ever hearing from the person in question, if there are reasonable grounds to believe the person is a threat based on accounts from the family and police.
“The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will,” said Los Angeles Police Department Assistant Chief Michael Moore. “It allows further examination of the person’s mental state.”
After three weeks, the person can challenge the judge’s decision.
“It’s a short duration and it allows for due process,” Moore said.
California law already bans people from possessing guns if they’ve committed a violent crime or were involuntarily committed to a mental health facility. Police may also seize guns if a licensed therapist notifies them an individual is a risk to their own safety or the safety of others.
So get ready California. If you are a gun owner and have family that are anti-gun they now have even more ammunition than you do. With a quick phone call and made-up story you can have your guns seized for 3 weeks until all the dust settles.
The LAPD assistant chief said he does not anticipate the police making great use of this law, but it’s the job of every law enforcement officer to carry out the law, whether they agree with it or not.
The law is supported by anti-gun legislators in the state who say this gives mental health professionals the opportunity to examine a person’s mental health in order to determine whether or not they should possess firearms. But pro-gun advocates argue that this gives any anti-protectionist an opportunity to strip a law abiding gun owner of the right to defend themselves for 3 weeks without even the hint of due process.