Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: AG Release Highlights Second Amendment Deprivations during Crisis

Tuesday, April 14, 2020

California:  AG Release Highlights Second Amendment Deprivations during Crisis

Yesterday, the California Attorney General sent out a press release on domestic violence issues related to the COVID-19 crisis.  Included in his release was an automatic extension of up to 90 days for temporary Gun Violence Restraining Orders (GVRO) that have not yet had a formal hearing.  This move highlights a major problem with GVRO/Red flag laws: a person can lose their rights with no due process, and in this case, the deprivation can be extended with the stroke of a pen by an anti-gun bureaucrat.  

Under current law, a temporary GVRO automatically expires 21 days after it is issued. State law also requires a full hearing to take place within the 21 day period. It is only at the full hearing that due process protections apply, where an individual has the right to counsel and to be heard on the allegations before the court.  However, with emergency powers invoked by the Governor and such authority extended to the judicial branch during the COVID-19 crisis, hearings can now be postponed for up to 90 days, resulting in some temporary orders being in effect for up to 110 days.  

The result of these actions mean that a person who has had their firearms and ammunition confiscated based at the initial GVRO ex parte stage will not have an opportunity to contest the merits of the initial order for nearly four months.  As NRA has discussed on numerous occasions, this highlights a major flaw with GVRO ex parte proceedings where an individual is provided no due process before they are deprived of a constitutional right.  In the present case, the Attorney General makes no bones about his belief that when it comes to the Second Amendment, guilty until proven innocent suits his purposes just fine. 

IN THIS ARTICLE
California Covid-19
TRENDING NOW
Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.