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How to get a gun violence restraining order

Judge can take away guns for at least 21 days
Posted at 6:00 PM, Aug 08, 2019
and last updated 2019-08-08 21:04:18-04

BAKERSFIELD, CA. — The recent mass shootings have heightened tension and fear in the country with many asking how they can protect themselves and others.

Under a California law, you can ask a judge for a gun violence restraining order and potentially get guns out of the hands of people who pose a threat.

"That is what the emergency order is designed for, it is for situations where someone might not have committed a crime yet, but there is fear that the person is dangerous to others or themselves," said Deputy District Attorney Joseph Kinzel.

Under the law, only family members and law enforcement can ask a judge to issue the order.

If approved, the court can take away someone's guns and prevent them from temporarily purchasing guns for at least 21 days.

"The judge will look at a lot of things like criminal history, if someone has prior felony convictions, has made threats or has violated previous restraining orders," said Kinzel.

Many believe in the case of recent mass shootings, red flags preceded the violent killings.

According to reports, the Dayton, Ohio shooter had a hit list.

A sign, that could have been grounds for asking for a gun violence restraining order, according to Sergeant Nathan McCauley with the Bakersfield Police Department.

If the judge approves the emergency order, the person has 24 hours to turn in their guns. After the 21 day emergency order, the judge has the option to issue a gun violence restraining order that could last up to a year.