Explore The NRA Universe Of Websites

APPEARS IN News

New Report on California “Gun Violence Restraining Order” Law

Friday, September 28, 2018

New Report on California “Gun Violence Restraining Order” Law

A California law, AB 1014, allows a family member or law enforcement officer to obtain a court order – a “gun violence restraining order” (GVRO) – against another person. The order requires the mandatory confiscation, by local law enforcement, of all firearms the restrained person owns, possesses, or has access to. A temporary or emergency order is issued without notice or the opportunity to contest the order by the affected person, and is effective for 21 days pending a second court hearing. At this full hearing, where the affected person has a right to appear and answer the allegations, the court may either terminate the 21-day order or extend the gun ban by issuing a one-year GVRO. A court may renew such one-year orders indefinitely, leading to a potential lifetime gun ban. A restrained person who violates a GVRO commits a criminal offense and, in addition to the other penalties, faces an additional, mandatory five-year gun ban, which begins to run once the existing GVRO expires.   

The underlying premise of the California law and similar “red flag” measures in other states is that a concerned relative or law enforcement officer is most likely to detect signs that a person is potentially unstable, which justifies an order suspending the person’s gun rights and, theoretically, will prevent future tragedies.

Although making sure that dangerous people don’t have access to firearms is obviously a good idea, the California legislation has absolutely no requirement for evaluation, counselling or treatment (if necessary) of the restrained person, who allegedly poses enough of a risk to self or others to be too dangerous to have a gun.

This type of legislation also raises concerns about due process, the possibility of misuse due to false or unsubstantiated allegations, and the effect of this approach on civil rights more generally. The American Civil Liberties Association in one state objected to a GVRO bill, citing “the precedent [the bill] sets for the use of coercive measures against individuals not because they are alleged to have committed any crime, but because somebody believes they might, someday, commit one,” and explaining that “the standard for seeking and issuing an order is so broad it  could routinely be used against people who engage in ‘overblown political rhetoric’ on social media…” 

Evidence regarding the orders in California bears out some of these apprehensions. A recent news report indicates the California law has been used “rarely,” being invoked less than 200 times since the law was enacted. It’s not clear how many of these orders were 21-day orders made without notice, although an analysis of orders in the first year the law was in effect indicates the vast majority of orders were not confirmed or extended by a court following a full hearing. Out of the 86 GVROs granted in 2016, only ten resulted in the court granting a further one-year order.

Earlier this week, California Governor “Jerry” Brown vetoed AB 2888, which would have expanded the class of persons eligible to apply for a GVRO, and allow employers, co-workers, teachers and other school employees to seek a court-ordered suspension of a person’s gun rights.

The American Civil Liberties Union, among others, opposed the proposed amendment of the GVRO regime, pointing to the lack of due process and the potential for abuse. In the case of a 21-day order, “the person subjected to the restraining order is not informed of the court proceedings and therefore has no opportunity to contest the allegations,” and by expanding the class of eligible applicants for such orders to people who “lack the relationship or skills required to make an appropriate assessment, AB 2888 … creates significant potential for civil rights violations.”

Echoing those sentiments, Governor Brown’s veto statement notes that law enforcement officers and close family members are “best situated to make these especially consequential decisions,” and that no further expansion of the law is needed.

Although there has been no comprehensive study of the California GVRO law, indications are that, like many gun-control proposals, there is little to set in the balance against the deprivation of Second Amendment rights. As aptly summarized by one Massachusetts legislator, many such laws are simply “another empty shell that only attacks our civil rights, offers no real solutions and solves no real problems.”

 

IN THIS ARTICLE
California Legal
TRENDING NOW
California: Governor Newsom Continues His Vendetta Against Lawful Gun Owners Signing Multiple Anti-Gun Bills into Law

Tuesday, September 26, 2023

California: Governor Newsom Continues His Vendetta Against Lawful Gun Owners Signing Multiple Anti-Gun Bills into Law

On Tuesday, September 26th, California Governor Gavin Newsom hosted a signing ceremony in Sacramento where he signed multiple anti-gun bills into law, most notably: an 11% excise tax on all firearms and ammunition; vastly expanded concealed carry ...

New York’s Ammunition Background Check System: An Expensive Wreck?

Gun Laws  

News  

Monday, September 25, 2023

New York’s Ammunition Background Check System: An Expensive Wreck?

The F-35 stealth jet isn’t the only example of expensive technology that crashed recently. The implementation of New York’s ammunition background check law – the rollout of which was, to be generous, extremely low visibility – was ...

Massachusetts: Update on Proposed Sweeping Gun Control

Monday, July 17, 2023

Massachusetts: Update on Proposed Sweeping Gun Control

Late last month, Massachusetts politicians put forth HD 4420, “an act modernizing firearm laws.” This massive piece of legislation re-writes gun laws in the Commonwealth and imposes unprecedented gun-control.

Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Gun Laws  

News  

Monday, September 25, 2023

Biden Creates New Office to Funnel Taxpayer Funds to Gun Control Advocacy

Professional gun control advocates have always had a seat at the table in the Biden White House. Now, however, they will not only sit at the table but determine its menu, set it, and compile ...

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

News  

Wednesday, September 6, 2023

Canadians on Canada’s Gun Control Measures: Expensive, Ineffective, Political Posturing

More than three years have passed since Canada’s Prime Minister Justin Trudeau announced a ban and mandatory confiscation (“buyback”) of what he called “military grade assault weapons,” which was followed by a national handgun “freeze” ...

Seeking Attention, Not Solutions in New Mexico

News  

Monday, September 25, 2023

Seeking Attention, Not Solutions in New Mexico

After several weeks of the abject failure of New Mexico Governor Michelle Lujan Grisham’s (D) attempt to suspend constitutional rights in her state, there are a number of theories as to what, exactly, she was ...

Judge Issues Injunction Blocking Three Parts of Maryland’s Unconstitutional Carry Restrictions from Going into Effect in NRA-Backed Case.

News  

Saturday, September 30, 2023

Judge Issues Injunction Blocking Three Parts of Maryland’s Unconstitutional Carry Restrictions from Going into Effect in NRA-Backed Case.

After the United States Supreme Court ruled that the Second Amendment protects the right of law abiding citizens to carry a firearm in public, a Maryland court found it was “self-evident” that Maryland’s carry permitting regime ...

Changes Coming Soon for New York State Gun Owners

News  

Monday, August 21, 2023

Changes Coming Soon for New York State Gun Owners

There are some significant changes due to take effect early next month in the Empire State.

NRA Slams Gov. Newsom's Latest Assault on Second Amendment

Gun Laws  

Second Amendment  

News  

Tuesday, September 26, 2023

NRA Slams Gov. Newsom's Latest Assault on Second Amendment

The National Rifle Association released the following statement on California Gov. Newsom's signing of gun control: "The NRA condemns the legislation enacted by Gov. Newsom. It is a blatant and egregious attack on the rights ...

Colorado: Anti-Hunting Legislation Initiative 91 Scheduled for Public Comment

Hunting  

Tuesday, September 26, 2023

Colorado: Anti-Hunting Legislation Initiative 91 Scheduled for Public Comment

On Friday, September 22nd, Initiative 91 was filed to appear on the ballot in the November 2024 election in a push by anti-hunting advocates trying to stop the age-old practice of hunting predators, such as ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.