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
Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

More Polish Citizens are Carrying Firearms for Self-Defense

News  

Monday, March 31, 2025

More Polish Citizens are Carrying Firearms for Self-Defense

Certain parts of the world—sadly, without any specifically recognized right to arms—have been moving closer to accepting the fact that firearms in the hands of law-abiding citizens is not the inherently dangerous concept promoted by ...

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

News  

Monday, March 31, 2025

Trump DOJ to Investigate Los Angeles County Sheriff’s Department for Permit Delays

The United States Supreme Court, in its landmark Bruen decision recognizing a right to carry in public for self-defense, did not foreclose shall-issue licensing as being consistent with the Second Amendment.

President Trump Works to Expedite D.C. Carry Permits

News  

Monday, March 31, 2025

President Trump Works to Expedite D.C. Carry Permits

On March 27, President Donald J. Trump signed a wide-ranging executive order titled, “Making the District of Columbia Safe and Beautiful.”

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

Saturday, March 29, 2025

Colorado: FOID Bill Heads to Governor's Desk, TAKE ACTION NOW!

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, passed the final vote on the Senate floor, concurring in the House amendments. 

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

News  

Second Amendment  

Monday, March 31, 2025

NRA Files Lawsuit Challenging Colorado’s Excise Tax on Firearm and Ammunition Sales

Today, the National Rifle Association of America (NRA), together with the Firearms Policy Coalition, Second Amendment Foundation, Colorado State Shooting Association, Magnum Shooting Center, and an NRA member, filed a lawsuit challenging Colorado’s 6.5% excise ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

Maine: Judiciary Committee Votes on Gun Bills This Week

Monday, March 31, 2025

Maine: Judiciary Committee Votes on Gun Bills This Week

On Thursday, April 3rd, the Joint Standing Judiciary Committee will vote on several gun-related bills. NRA members and Second Amendment supporters are urged to contact committee members now and encourage them to oppose all gun control ...

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.