|You might favor this bill if:
► You believe that states should develop a court process that would allow family members to petition a court for a “gun prevention order” that would grant law enforcement the authority to temporarily take weapons from individuals with severe mental illness or present a threat to themselves or others.
|You might oppose this bill if:
► You believe that any type of law restricting or seizing firearms is a direct infringement of the second amendment.
Gun Violence Prevention Order Act would allow states to develop a court process that would allow family members to petition a court for a “gun prevention order” that would grant law enforcement the authority to temporarily take weapons from individuals with severe mental illness or present a threat to themselves or others. It does this by prohibiting the sale, transfer, or possession of a firearm to any individual who is subject to such “gun violence prevention order.” A “gun violence prevention order” is defined as any court order which prohibits any individual from owning, purchasing, possessing, or receiving a firearm.
The legislation establishes grants to states that have the legislation in effect and authorize the following:
- Authorize family members, or a law enforcement officer, to apply a gun violence prevention order against an individual who may pose a significant threat to themselves or other;
- Authorizes law enforcement officers to temporarily seize firearms from such individual with a warrant; and
- Requires law enforcement agencies to comply with certain legal requirements.
Individuals who have their firearms temporarily seized can schedule a hearing within 30 days of the seizure to determine whether the individual is subject to possess, own, purchase, or receive firearms. If the court finds that the state has not met the required standard of proof, any firearm removed would be returned to the individual in a timely manner.
Senators Feinstein, Gillibrand, Markey, and Blumenthal introduced the bill in May 2017 but an original version of this bill was introduced by Senator Boxer after the 2014 Isla Vista shooting where an individual killed 6 persons, injured 17 others, near the University of California campus.
Sponsored by: Sen. Feinstein, Dianne [D-CA].
Cosponsored by: 0 Rep / 4 Dem.