Happy New Year! California Law Allows Seizure of Legally-Owned Guns Without Notice

"A time out, if you will."

Gun law-laden California is adding another one to the books starting January 1, that will allow police to seize legally-owned firearms if a judge decides there is a threat of potential violence posed by the owner.

This new law was passed last year after the shooting at the University of California, Santa Barbara, where six people died including the gunman. The parents of Elliot Rodger reported their concerns to police about their teenage son's mental health and specifically his strange online postings prior to the shooting. But when police interviewed Rodger and determined he didn't pose any threats, his apartment wasn't searched. There they would have found his stockpile of weapons.

And thus AB1014 is born.

Under the law, a family can obtain what the Washington Times reported as a "gun violence restraining order." Los Angeles Police Department Assistant Chief Michael Moore added: "The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will. It's a short duration and it allows for due process. It's an opportunity for mental health professionals to provide an analysis of a person's mental state."

The Daily Caller reports:

[T]he factors a judge can consider in granting the restraining order include not only threats of violence, but also prior felony arrests (even without a conviction), evidence of alcohol abuse, and even the simple act of recently purchasing a gun or ammunition.

Once granted, police can use the restraining order to confiscate all of a person’s guns and ammunition, and the person is also barred from buying or possessing guns and ammo for the duration of the order. A full court hearing must then be heard within three weeks. At that hearing, a judge will be able to extend the restraining order for an entire year.

With that comes concern over the government abusing its power, causing groups like the NRA to encourage folks to seek legal counsel if they feel they are being unjustifiably targeted.

And with all the gun laws in California doing such a bang-up job (excuse the pun), one more couldn't hurt, right?

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