Historic gun bill will try to keep guns away from dangerous people. Here’s how
California has a strong law aimed at getting dangerous weapons out of the hands of dangerous people, but most residents aren’t aware of the law or how to use it.
Legislation passed by the House Friday on a 234 to 193 vote is intended to spread the word about “red flag” laws that give family members, law enforcement officials and others a way to see that those regarded as threats have no weapons.
The provision, authored by Rep. Salud Carbajal, D-Santa Barbara, provides more federal funding and incentives for states to adopt such laws.
“This is going to allow more for training, to bring about more awareness…so it will make our law in California more effective and live up to its potential to save more lives,” he told The Bee. “I think the existing law is already working, and it’s effective, but we can make it yet more effective.”
The bill, passed Thursday night by the Senate, now goes to President Joe Biden for his expected signature.
It’s considered the most significant federal gun safety and regulation legislation in decades, driven by grief and outrage over mass shootings last month in Buffalo and Uvalde, Texas.
While the bill does not include the ban on assault weapons–and an effort to raise the minimum age for buying such weapons from 18 to 21 went nowhere — supporters hailed the measure as a useful step in curbing irresponsible gun use.
More money for California?
Earlier this month, Gov. Gavin Newsom announced the state will spend $11 million over the next year and a half to promote the use of red flag laws. Community-based domestic violence groups are to get $5 million.
Another $5 million is for helping communities most at risk of gun violence including education , research and multilingual outreach. One million will be used to educate and train district attorneys and law enforcement groups.
The bill approved by the House Friday provides a total of $750 million in Justice Department grants, additional money California could seek.
The congressional victory, though, was bittersweet, because Thursday, a Supreme Court ruling is expected to make it easier to carry weapons in public.
California is one of eight states with particularly strong laws restricting the ability to carry weapons in public, but gun rights groups have said they will challenge the measures.
Carbajal said the ruling showed the court is “out of step with the American people…this reminds us elections have consequences and this issue is on the ballot.” The decision, he said, “reminds us we have a lot of work to do.”
Republican opposition
All but 14 Republicans opposed the gun legislation Friday. Among them was Rep. Tom McClintock, R-Elk Grove.
If someone is mentally ill “of course they shouldn’t have access to firearms,” he said.
But, McClintock warned, “An anonymous accuser can trigger a secret proceeding against you that you don’t even know is happening until the police bang on your door in the dead of night, ransack your house and strip you of your self-defense.”
Carbajal called the statement “ludicrous and really misplaced.”
Nineteen states have red flag laws. In California, family members, teachers, employers, co-workers and others in a household can seek a Gun Violence Restraining Order from a judge.
The order temporarily removes firearms and ammunition from someone a judge deems a threat to themselves or others.
California’s law has been largely effective, said a study released earlier this month by the University of California Davis Violence Prevention Research Program.
“The findings suggest (gun violence orders) are being used as intended,” said Veronica Pear, the study’s lead author.
But the researchers found that most people did not know about the law.
The center surveyed 2,870 adults in California in 2020, and support for the laws was strong. “Public awareness of (gun violence orders) was low, but perceived appropriateness of and willingness to use these tools at least some of the time was high,” it found.