CA AG Unilaterally Extends Ex Parte Red Flag Order Duration

According to Firearm Chronicles 

One of the biggest problems with red flag laws is that they allow the government to take guns from people who have not been convicted of doing anything, not even making threatening noises. Such an order should make people very nervous. If they can infringe on the Second Amendment rights of an individual on such minimal evidence, particularly with the individual in question not even present to defend themselves, what other rights can they trample on?

To try and mitigate those concerns, lawmakers often put a limit on how long someone’s guns can be held before they get their day in court. In California, it’s 21 days. Three weeks of being treated like a criminal based despite no due process of law.

Pretty bad, right?

Well, it just got worse.

A state with one of the worst “Red Flag” gun confiscation laws on the books just got worse. On April 13, California Attorney General Xavier Becerra issued a guidance document on the procedures concerning certain types of restraining orders. Citing the ongoing COVID-19 panic, Becerra noted that all ex parte Gun Violence Restraining Orders (EGVROs) are to be extended 90 days past the statutory expiration date. Under state law, such orders expire after 21 days – meaning that an ex parte GVRO may now last up to 110 days. California’s latest attack on gun rights and due process should serve as a warning to gun owners across the country about the dangers inherent to “Red Flag” gun confiscation laws.

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