New Firearm Seizure Law

A new law recently took effect in California allowing private citizens to request that the firearms of family members who pose a danger of violence be seized. The law, which is the first of its kind in the nation, will hopefully help to decrease the level of gun violence in the state.

The Bill

Assembly Bill 1014 took effect on January 1, 2016. If a person poses a threat of gun violence to him or herself or to others, that person’s family members or the police can petition the court to issue a restraining order and seize the dangerous person’s firearms and ammunition. The immediate family members permitted to request such a restraining order include spouses, children, parents, grandparents, grandchildren, siblings, and those who live with or have recently lived with the gun owner.

No notice of the restraining order need be given to the person who threatens violence. If the court grants the restraining order, the subject will also be prohibited from purchasing a firearm in California.

The Process

The court does not have to give prior notice of the restraining order to the gun owner. Rather, the family members or law enforcement officers who believe that the gun owner poses a threat of violence ask the court to issue a restraining order. They present evidence of the threat to the court and show the court why the order is necessary to protect others from gun violence. If the court, after reviewing the evidence, believes that the threat is credible, it may then issue a temporary restraining order.

If the order is granted, the subject has 24 hours to surrender all guns and ammunition. Alternatively, the subject may instead sell the firearms or give them to a licensed firearm dealer for storage. The temporary restraining order lasts for 21 days.

Gun Violence

Former Assemblywoman Nancy Skinner, D-Berkeley, introduced the bill in 2014, two days after a 22-year-old man, Elliot Rodger, opened fire near the campus of the University of California, Santa Barbara, killing six people and himself. Rodger’s family knew that he was threatening violence, but had no legal mechanisms with which to stop him.

The new law is modeled after domestic violence restraining orders, which often include prohibitions on the possession of firearms.

If you believe that a member of your family may pose a threat of violence, or if you have been charged with a gun crime in California, an attorney can help. Please contact dedicated San Jose criminal law attorney Wesley Schroeder to schedule a free initial consultation. Attorney Wesley J. Schroeder can discuss with you the options you have available, and help advise you on the correct course of action most beneficial for you and the rest of your family members.

Source:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1014