A new gun law took effect in California Friday allowing law enforcement officers to seize an individual's gun if a judge determines that there is reasonable cause for potential violence.
Truth In Media posted the Assembly Bill No. 1014, which permits the "gun violence restraining orders" that allows authorities to seize an individual's fire arm if a judge" finds that there is reasonable cause to believe that the subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm."
According to the law, an immediate family member or a law enforcement officer can file a petition to have an individual's firearm seized. When the judge grants the petition, that individual can be prohibited from "having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition."
The Washington Times reported that the law can let authorities seize a person's gun for 21 days. The law was proposed during the wake of the fatal May 2014 shooting rampage carried out by Elliot Rodger. The gun seizure law allows family members to use the "gun violence restraining order" against their immediate family member who they believe could lead to potential danger.
However, The Guardian wrote that there are pro-gun organizations and lawmakers that do not agree with this law, challenging its affectivity. The law was introduced by Former California assemblywoman Nancy Skinner. Meanwhile, Republican assemblywoman Melissa Melendez voted against it because it violates the due process.
"The shooter's mother and his father were aware that this man was basically threatening violence," said Skinner, who is a Democrat. "They did everything they felt they had the ability to do to try to intervene to stop their son from doing something violent, but they didn't have any tools."
To request power for "gun violence restraining order," the petitioner must explain to the court why he or she thinks there is present danger from the owner of the gun.
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