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Lawmaker pushes to make filing false ‘gun violence restraining order’ a felony

2nd Amend.

Lawmaker pushes to make filing false ‘gun violence restraining order’ a felony

With California’s unique new law in place that allows for gun confiscations from those thought at risk, a state lawmaker wants to make sure it’s not abused.

The law in question, which passed the state legislature as AB 1014 last year, provides a framework for the temporary seizure of guns from an individual at the request of their family or friends.

It was implemented following an attack in Isla Vista, California, that gun control advocates advised could have been prevented under the new procedure, which allows firearms to be confiscated for up to a year if an order is granted. However, Assemblymember Melissa Melendez, R-Lake Elsinore, is concerned that it is too easy to abuse.

“Law abiding gun owners should never have to fear their rights can be stripped away because an angry ex or neighbor wants to get even,” noted Melendez on the legislation in a post on social media.

Melendez’s solution is to temper the use of the new law by making it a felony to file false reports seeking gun violence restraining orders. Her bill, AB 225, was introduced Feb. 3. It would make filing a request for an order using knowingly false information felony perjury under state law, which would mandate a punishment of up to four years in prison.

California’s gun violence restraining order law was criticized during its legislative process by groups ranging from the National Rifle Association to the Liberal Gun Owners Association who criticized the low evidentiary standards and potential to dissuade troubled individuals from seeking medical treatment.

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