Remember that rock-solid juris”Prudence” exhibited in the previous post?
More for those who like their laws warm and fuzzy:
California Adopts Broadest US Rules for Seizing Guns
NBC 7 San Diego | October 11, 2019 | Don Thompson
California Gov. Gavin Newsom on Friday signed a law that will make the state the first to allow employers, co-workers and teachers to seek gun violence restraining orders against other people.
The bill was vetoed twice by former governor Jerry Brown, a Democrat, and goes beyond a measure that he signed allowing only law enforcement officers and immediate family members to ask judges to temporarily take away peoples’ guns when they are deemed a danger to themselves or others.
They were among 15 gun-related laws Newsom approved as the state strengthens what the Brady Campaign to Prevent Gun Violence calls the nation’s toughest restrictions.
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“With school and workplace shootings on the rise, it’s common sense to give the people we see every day the power to intervene and prevent tragedies,” said the bill’s author, Democratic Assemblyman Phil Ting of San Francisco. The existing law has mostly been used by police officers, but Ting said the expansion should allow more awareness and more opportunity for others to act.
Newsom, a Democrat, signed a companion bill allowing the gun violence restraining orders to last one and five years, although the gun owners could petition to end those restrictions earlier.
Hawaii allows the restraining order petitions by medical professionals, co-workers, and educators but not employers, Ting’s office said.
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The California law will require co-workers requesting the orders to have “substantial and regular interactions” with gun owners to seek the orders and co-workers and school employees must get approval from their employers or school administrators before seeking them. People seeking the orders will have to file sworn statements specifying their reasons for doing so.
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Aside from extending the restraining orders to a maximum of five years, her bill allows judges to issue search warrants at the same time as they grant the orders. The warrants can be used immediately if the gun owners are served with the relinquishment orders but fail to turn over the firearms or ammunition.
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In fairness, it must be pointed out that even the ACLU opposes the measure.
“I heard you are dangerous and have dangerous weapons in the house. Relinquish them.”
“I’m not. And no I don’t.”
“Aha! You have thereby failed to comply with our relinquishment order. Now our search warrant comes into effect. Stand aside!”
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