New Paper

California's Gun Violence Restraining Order Law: Duplicating Existing Commitment Laws?

ABSTRACT: In the aftermath of the Elliot Rodgers’ mass murder in 2014, California created a Gun Violence Restraining Order Law allowing judges to issue temporary emergency restraining orders to take guns away from subjects of these orders and prohibit them from purchasing firearms. What does this new law accomplish that is not duplicative of existing California law? Are there due process problems with it? What does it fail to do to address public safety concerns?

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