California State Assembly passed a bill Thursday to allow law enforcement officers to seize weapons from the scene of domestic violence incidents or from individuals who pose an immediate threat to themselves.
The bill, Assembly Bill 532 or AB 532 for short, authorizes issuance of a search warrant to the law enforcement when the property or things to be seized include a firearm or any other deadly weapon that is owned by, or in the possession of, or in the custody or control of, a person who has been detained or apprehended for examination of his or her mental condition.
The bill also authorizes issuance of a search warrant when the property or things to be seized include a firearm or any other deadly weapon at the scene of, or at the premises occupied or under the control of the person arrested in connection with, a domestic violence incident involving a threat to human life or a physical assault.
Assembly member Ted W. Lieu said that Assembly Bill 532, which will help protect victims of domestic violence and individuals who present a danger to themselves, passed Thursday with unanimous support on the assembly floor. The bill now heads to the Governor's desk for signature of approval.
"Firearms and deadly weapons should never be left at a scene to allow an abuser to further endanger their victims and those around them," said Lieu.
"Law enforcement must have the ability to seize these weapons, whether they're in the front yard or inside the house," Lieu added.
Under current California law, law enforcement officers cannot remove firearms or other deadly weapons from the scene of a domestic violence incident or from individuals who pose an immediate threat to themselves if they make the arrest or detention outside a residence and no exigent circumstance exists allowing them access to the inside of the residence.
The inability of law enforcement to remove firearms and other deadly weapons from the scene of a domestic violence incident places such victims at unnecessary risks.
AB 532 will allow law enforcement officers to obtain a warrant to seize firearms or deadly weapons that remain inside a house after a domestic violence or mental health incident.
"Ted Lieu is a leader in protecting all Californians," said Los Angeles County Sheriff Lee Baca.
"This legislation will enable law enforcement to get a warrant to remove firearms from individuals detained for a mental evaluation and from individuals involved in domestic violence, which will make our communities and families safer," Baca said.
The bill was sponsored by the LA county sheriff and LA County District Attorney Steve Cooley, and is supported by the Partnership to End Domestic Violence.
Family violence is a serious problem in the United States. In many cases it is the loved ones in the family who turn to violence, that makes it hard for police officers to stop, and when there are weapons involved, family tragedies take place very often.
According to the U.S. Department of Justice, approximately 500,000 women are estimated to be victims of some form of rape or sexual assault each year in the United States.
According to the justice department website, women aged 20 to 24 are at the greatest risk of non-fatal intimate partner violence. The site also reported that 96 percent of women were victimized by a man and 3 percent were victimized by another woman.
About 82 percent of men said they were victimized by a woman and 16 percent of men were reportedly victimized by a man.
According to some reports, women are more likely to be in a violent relationship if they live in a lower-income household.
Someone who is of a higher social status may be less determined to report the situation because of social embarrassment compared to those of a lower social status.
The same website said that violence between intimates is often hard to calculate because it often occurs in private. Victims are also less likely to report an incident because he or she is ashamed or fears for his or her safety.
According to the website of a California-based relationship violence resource center, Community Overcoming Relationship Abuse, victims may stay in a violent relationship for many reasons, including economic necessity, threats from the abuser to commit suicide, or hurt themselves, hope or belief that partner will change culture, religion, or family pressure to stay together, shame or guilt and belief that abuse is their own fault.
Source: Xinhua