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Constitutional Law

Aug. 13, 2014

Common sense gun regulation

AB 1014 is common sense regulation, much like existing laws prohibiting the possession of firearms by individuals under domestic-violence orders of protection, which courts have consistently upheld.

Lawrence Rosenthal

Professor
Chapman University Fowler School of Law

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Under current law, a judge may issue an order prohibiting an individual subject to a domestic violence order of protection from possessing firearms, and requiring that he surrender to authorities any firearms presently in his possession. Assembly Bill 1014, currently under debate in the state Legislature, would broaden that authority by permitting a judge to issue an emergency "gun violence restraining order" that would require an individual to surrender his firearms to authorities and p...

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