Gov. Jerry Brown signed the legislation on Tuesday which would allow the courts to temporarily seize the guns from people who are deemed to pose a certain level of threat to others and even to themselves. Under the law, the person believed to be a threat will be temporarily barred from firearm possession for a period of 21 days.
The firearm restraining order can be valid for up to a year. The owner who had been denied of firearm possession can ask for a court hearing within 14 days wherein he can have his gun returned after he has argued and proven that the impression of danger is non-existent.
The new law, dubbed as AB104, was proposed by a number of Democrats following the May 23 rampage that occurred near the University of California at Santa Barbara. The rampage resulted to six casualties with 13 others wounded. The attacker, identified as twenty-two year-old Elliot Rodger, was reported to have taken his own life in the end.
Family members of the attacker had disclosed the fact that prior to the rampage; they witnessed Rodger's video which he posted online where he was threatening to commit acts of violence. After reporting their concerns to the law enforcement officers of Santa Barbara, the county sheriff's deputies went to Rodger's apartment. The visit, which is known as a 'welfare check' and described by the deputy officers as a routine police procedure, occurred only three weeks prior to the murders.
In the post-attack press conference, Santa Barbara County Sheriff Bill Brown expressed that the deputies who went to check on Rodger at his apartment found the 22-year-old attacker to be polite and amenable. However, the deputy officers were not aware that Rodger legally owns three handguns and that he has posted the disturbing video.
"Family members are the ones who most acutely understand when their loved ones are in a dangerous situation," said executive director Josh Horwitz of the Coalition to Stop Gun Violence. "Now, when they see dangerous behavior - whether because of substance abuse or a mental health issue or a traumatic brain injury - a court can act."
Advocates of gun rights believe that the firearm restraining orders would only do little help in preventing mass shootings. The law would instead deprive a person of his right to defend himself.
"Every one of us wants to prevent a mass shooting," said California assemblyman and proponent of gun rights Tim Donnelly. "The question is: Would this bill stop that? I don't believe you can ever stop that with laws. I don't believe you can legislate evil out of the hearts of men."
