AB 2917 (Zbur) – Opposition Letter
April 16, 2024 –
Dear Assemblymember Zbur:
I am writing to express Gun Owners of California’s opposition to your AB 2917 which pertains to Gun Violence Restraining Orders (GRVO/Red Flag Laws) and seeks to expand the conditions under which such an order is issued to include consideration of certain threats or acts of violence directed toward another group or location.
This legislation is problematic given that “violent speech” – although highly distasteful – is not by any means considered “objective.” Like it or not, the 1st Amendment protects freedom of speech, even if it is ugly. Without question, the definition of verbal or written threats of violence is extremely subjective especially regarding the advancement of a “political agenda”. It is also a grand stretch to expand the use of GVROs when evidence of animal cruelty is involved. Many of the time-honored training techniques are now considered animal cruelty by animal rights activists, but not by the majority of professionals who work in that particular arena. Any nexus to such a connection is ambiguous at best.
It’s also important to note that the constitutionality of Gun Violence Restraining Orders (GVRO) is currently under review by the Supreme Court of the United States (SCOTUS) in United States v. Rahimi and is slated to be decided this year. Multiple federal courts across the country have ruled against the use of ex parte legal claims against another person where the accused does not know his accusers and is prevented the opportunity to immediately defend themselves before the court. The violation of a person’s 1st, 4th, 5th and 14th Amendment rights under the U.S. Constitution does not justify the government’s ability to remove a person’s 2nd Amendment rights.
If SCOTUS rules that GRVOs are unconstitutional the entire panoply of California’s ever-expanding Red Flag laws will become null and void. It is better for the Legislature to wait for guidance from the Supreme Court before further growing the scope of GVROs in California
Our organization has a 40-year history of fighting for effective crime control and opposing ineffective gun control. The safety of Californians is at the very foundation of our mission, and it has been our consistent goal to work toward common sense solutions regarding the issue of crime and firearm ownership; this can be achieved, however, without sacrificing our Constitutional rights and the ability of the law abiding to protect their families.
Respectfully,
Sam Paredes, Executive Director