On September 30, 2014, Governor Jerry Brown signed a law that will allow a person’s guns to be confiscated if a judge can be convinced that a person with a gun is a danger to himself or others. This law, AB 1014, goes into effect on January 1, 2016. If a judge decides that a person owning a gun “poses an immediate and present danger of causing personal injury to himself, herself or another by having in his or her custody or control,” a gun violence restraining order will go into effect. The GVRO will be in place for 21 days. The 21-day gun confiscation willallow a person to cool off and be evaluated by a psychologist for mental health disorder. Los Angeles Police Department Assistant Chief Michael Moore commented on the new law.

“The law gives us a vehicle to cause the person to surrender their weapons, to have a time out, if you will. It allows further examination of the person’s mental state. It’s a short duration and it allows for due process. It’s an opportunity for mental health professionals to provide an analysis of a person’s mental state.”

The 2014 law was drafted and signed due to a response to the shootout done by Elliot Rodger. During Rodger’s shooting spree, Rodger shot and killed six people and injured 14 others. Instead of going to prison, Roger killed himself. Wendy Patrick, a San Diego State University professor, and lawyer spoke with a CBS affiliate.

“It’s the family members, it’s the people closest to the perpetrator, who are in the best position to notice red flags.”

Is this a violation of the Second Amendment? Second Amendment advocates are saying that this is a violation of a person’s constitutional rights. Gun laws in California are considered to already be the strictest in the nation which Second Amendment advocates already have problems with. Now that guns can be confiscated for 21 days, some consider this a slippery slope that will lead to the ability to confiscate guns from a person permanently. According to Sam Paredes, who is the executive director of Gun Owners of California, “We don’t need another law to solve this problem.”

The right to own guns is one of the most divisive topics in the United States. Since the terrorist attack in San Bernadino, and with the ongoing trend of mass shootings, some people in Washington want to drastically change the gun laws in the United States. President Obama is on record saying that during his last year in office he will sign an executive order in regards to the gun laws. The executive order that President Obama is expected to sign will close the gun show loophole.

While California will be tightening their already strict gun laws on January 1, Texas is also making a change on January 1 for gun owners. On January 1, gun owners in Texas will be able to carry their gun in a holster in open view to the public. Many stores and gun shops are debating on whether they will allow people inside of their stores with a gun in plain view. Some stores have gone as far as saying they will ban anyone from their store if the carrying a gun in the open. Other places, like First Baptist Church of Arlington, are not going to ban anyone if they have a gun holstered in plain view. Senior Pastor for the First Baptist Church of Arlington, Dennis Wiles, weighed in on the subject.

“We decided it was best to allow reasonable people to do this if they choose.”

Which state is right? California with their new ability to confiscate guns, or Texas who allows open carry?

Is this a violation of the Second Amendment?

[Image Via [AP Photo/Jeff Chiu]