California Gov. Jerry Brown signed a controversial bill Tuesday that will allow family members to ask a judge to confiscate firearms from a relative who seems to pose a threat.
In response to Elliot Rodger's deadly shooting that occurred in May near the University of California, Santa Barbara, several Democrats decided to propose the bill, titled AB1014, with hopes that family members might now be able to act on concerns regarding high-risk relatives, without facing as much resistance.
Relatives of the victims and other supporters of the bill said the parents of 22-year-old Elliot Rodger were thwarted in their attempts to seek help for their troubled son before the rampage, reported the Associated Press.
Critics maintain that such laws could lead to a slippery slope of abuse. Yet according to the bill, the person seeking a judicial order of gun removal would also be required to sign an affidavit under oath, which could result in a misdemeanor charge, if they are found to have lied.
A court hearing would then be held within 14 days, where the gun owner would have the opportunity to argue there is no danger.
Because none of Rodger's family or therapists knew he had guns, such a bill may not have effectively prevented his rampage. To counter this, another bill, SB505, was also signed by the governor that will "require law enforcement to develop policies that encourage officers to search the state's database of gun purchases as part of routine welfare checks," according to the Associated Press.
"If both of these laws had been in place on May 23, things could have been very different," Elliot Rodger's father, Peter Rodger, said in a statement Tuesday night. "California, today, is a safer state because of this legislation. Let's hope other states follow."
Just weeks before Rodger committed his rampage ending with suicide, his parents urged his therapist to contact Santa Barbara County mental health officials. Sheriff's deputies talked to Rodger, but never entered his apartment or checked to see if he owned guns, reported the Associated Press.
While law enforcement authorities in Connecticut, Indiana and Texas can obtain an order from a judge allowing them to seize guns from people they think pose a danger, the California bill also offers law enforcement the same option, but goes a step further, and allows family members to petition for the removal of weapons.
Current California law only permits authorities to seize legally purchased guns after someone has been convicted of a felony, violent misdemeanor, people subject to a domestic violence restraining order, or those who are mentally unstable.
