Legislation Introduced to Reduce Gun Violence.

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On February 14, 2019, one year after the Marjory Stoneman Douglas High School shootings, Reps. Salud Carbajal (CA-24), Ted Deutch (FL-22), Brian Fitzpatrick (PA-01) and Don Beyer (VA-08) introduced the Extreme Risk Protection Order Act of 2019. The bipartisan bill encourages states to allow family members or law enforcement officials to petition a judge to temporarily remove firearms from an individual in crisis.

The bill would help ensure that law enforcement or family members can seek an Extreme Risk Protection Order (ERPO) or Gun Violence Restraining Order (GVRO) from the courts, to temporarily stop someone who poses an immediate threat to themselves or others from purchasing or possessing a gun. States that adopt these preventative measures would be eligible to receive federal funding under the grant program to help pay for the implementation and processing.

U.S. Senator Dianne Feinstein will also introduce the companion Extreme Risk Protection Order Act in the Senate.

The Extreme Risk Protection Order Act would encourage states to take the following steps to help prevent gun violence:

  • Enable families and law enforcement to go to court to seek an extreme risk protection order to temporarily stop someone who poses a threat to themselves or others from purchasing a firearm;
  • Enable courts to issue a warrant that would allow law enforcement to take temporary possession of firearms that are in an individual’s possession if the court determines that the individual poses a threat to themselves or others; and
  • Ensure that law enforcement makes full use of all existing state and local gun databases when assessing a tip, warning, or request from a concerned family member or other close associate.

Specifically, under Section (2) of the bill, “the term ‘extreme risk protection order’ means:

a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by –

(A) prohibiting a named individual from having under the custody or control of the individual, owning purchasing, possessing, or receiving a firearm; or

(B) having a firearm removed or requiring the surrender of firearms from a named individual.”

On introducing the bill, Representative Don Beyer (VA-08) said: “One year ago, the country lost 17 students and teachers in Parkland to gun violence because multiple warning signs failed to prevent a mass shooting.

The Extreme Risk Protection Order Act could have stopped this tragedy from happening and saved those lives.

ERPOs give families and law enforcement a vital tool to stop those who pose a threat to themselves or others from having access to guns, and they are already saving many lives in the states that have adopted it.

It is rare to have legislative solutions that could prevent disasters of the scope of Parkland or Virginia Tech, and rarer still to have bipartisan support for those measures. Both are the case for this bill. Congress should pass it with all possible haste.”

Source: Office of Rep. Salud Carbajal

Currently, just 13 states have ERPO laws in place. The 2014 shooting in Isla Vista, CA, near the University of California, Santa Barbara, prompted the passage of an ERPO law in California that same year. Similarly, Florida passed ERPO legislation one month after the Parkland, FL shooting at Marjory Stoneman Douglas High School.

These comments were posted on edhat Santa Barbara on February, 14, 2019.

https://www.edhat.com/news/rep-carbajal-introduces-legislation-to-reduce-gun-violence

FEB 14, 2019
Someone will develop an App based on an AI algorithm that will learn to detect suicidal thoughts, sociopathic thoughts, psychotic thoughts or any behavior that statistically favors violence. This App will become mandatory by Federal or State law on all devices and you will be monitored on a constant basis. Say one wrong word – we dare you.
FEB 14, 2019 03:31 PM
Mass shootings primarily have this in common: young males; history of psychotropic drugs; confused sexuality issues; and only coincidentally use of a gun – they use cars, knives and machetes too.
FEB 14, 2019 03:29 PM
These “Bills” are just to placate the masses- Nothing but a feel good waste of time- I am POSITIVE that there are other issues in CA that need to be addressed by our “representatives”…
FEB 15, 2019 11:43 AM
Agreed that it’s another toothless and knee-jerk appeasement to Carbajal’s anti-gun constituents. I am a gun owner and firm supporter of the Second Amendment but I also definitely support some type of valid method of doing background checks and keeping guns away from mentally ill or otherwise unstable individuals. But this “ERPO Bill” does not do anything except, in its own words, “encourage” the reporting of suspected “extreme risk” persons. California has hundreds of gun laws and virtually none of them, like this one, have done anything to curb gun violence. I wish our legislators would spend their time working on bills and laws that would actually keep guns away from gangs, criminals, and mentally ill people versus this type of fluff. For politicians to keep heaping bill upon bill and law upon law that do nothing is just a waste of taxpayer’s money and an insult to intelligent law-abiding citizens.
FEB 14, 2019 03:26 PM
hopefully, it also has an indemnification clause protecting the reporting person that is asking for the extreme risk protection, from legal action via the person in question. Lets also hope that the authorities take potential risks seriously. The concern about invasion of privacy and HIPPA violations has stopped a lot of teachers, doctors and other professionals from reporting potential risky individuals to the police. This has to end if we want to keep people safe.
FEB 14, 2019 02:45 PM
Also introduced HR 317 in January to put Camp 4 property in the Chumash Reservation and they can develop it any way they want. I guess like all politicians, does some good things and not so good things.
FEB 15, 2019 11:24 AM
Unfortunately, Pitmix, you are correct. So far all I have seen from Carbajal is him jumping on the “politically correct” bandwagon or placating and appeasing his constituents including, and certainly not limited to, those supporting illegal immigration and the radical bans on gun ownership.

 

Parkland school shooting

 

 

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