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Can restraining orders help prevent mass shootings?

Law enforcement officers and specifically designated clinicians can request a hold of up to 72 hours in confinement if the person presents a danger to himself or herself or others. Those who are admitted cannot possess or own guns for five years, although they may petition a court to regain their firearm rights. But one large gap Barnhorst and others saw was when there was a concern about potential violence but not a justification for a 5150 hold. “Most mass shooters didn’t have signs of mental illness. A lot of them are just angry, disenfranchised young men,” she said. As an example, she points to Elliot Rodger. “People were concerned about him, they sent the police out to his apartment, but the police had no cause to search the place. So, they left.” On May 23, 2014, Rodger, a UC Santa Barbara student, went on a rampage, killing six people and injuring 14 others in Isla Vista, before killing himself. Just days after the Isla Vista attack, California Assembly Members Das Williams and Nancy Skinner, with support from family members of some of the students who had been killed, introduced legislation that would permit law enforcement officials and family members to seek a restraining order from a judge that would prohibit people with a potential for violence from buying or owning a firearm. The process would be similar to the one already in use for domestic violence restraining orders and would bar the possession of firearms for up to a year. Barnhorst testified on behalf of the bill. “My testimony focused on how the mental health system couldn’t reach out and grab someone,” Barnhorst said. “The gun violence restraining order fills a gap, where a person hasn’t done anything yet, and they aren’t mentally ill, but people are worried. It’s a quick-acting mechanism,” she said. The bill, AB 1014, was opposed by gun rights organizations, but it had support from the California Psychiatric Association, the California State Sheriffs’ Association and the California Police Chiefs Association, among others. Unlike the 5150 hold, family members, in addition to law enforcement, can petition. The law is also meant to protect people from self-harm.

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