California will become the first state that allows family members to ask a judge to remove firearms from a relative who appears to pose a threat, under legislation Gov. Jerry Brown said Tuesday he had signed.
The bill was proposed by several Democrats and responds to a deadly rampage in May near the University of California, Santa Barbara.
Supporters had said such a measure could have prevented the attacks, winning out over critics who said it would erode gun rights.
Law enforcement authorities in Connecticut, Indiana and Texas can seek a judge's order allowing them to seize guns from people they deem to be a danger.
The new California law gives law enforcement the same option and extends it to family members.
It continues California's efforts to lead the nation in preventing firearm injury and death, said Amanda Wilcox, an advocate for the Brady Campaign to Prevent Gun Violence, whose daughter was a victim of gun violence.
The greatest effect might be in preventing suicides or intervening where there is a history of domestic violence, she said.
It's not as "tough" as current law which allows someone to be disarmed without the due process of a judge by using the 5150 program. But hey, they're "doing something".
ReplyDeleteYou know the law better than me. But if a person is held involuntarily for 72 hours, assuming they were not judged as gravely disabled and confined for a longer period, wouldn't they get their guns back when they were released?
DeleteGoddammit! Why the hell do people have to have guns? Especially young people who haven't sorted it all out yet?
TS, what do you suggest for the family members of an obviously disturbed gun owner?
DeleteFlying Junior, no, once someone is admitted for evaluation they are barred from owning guns for five years. Here's the rub: the prohibition is triggered on being admitted. So if a team of professionals spends days evaluating someone and determines they are perfectly fine- they still lose their gun rights. How messed up is that?
DeleteMikeB: "TS, what do you suggest for the family members of an obviously disturbed gun owner?"
Call the cops on them (regardless of whether or not they own guns). The cops have the power to bring someone in for a 5150, as they have for decades.
TS' solution, by requiring the cops to agree with the family's evaluation enough to start the 5150 process, provides a little added protection so that you can't have a relative who has a beef making a complaint that disarms the other relative. And if you don't think this will happen, you are naive--similar things sometimes happen with protective orders now.
DeleteI guess people find comfort in the idea that family knows best. I've had plenty of experience where family is the worst enemy and will say any lie against each other.
ReplyDelete