California has a “red flag law” that allows family members or police to seek a court order to temporarily remove guns from mentally unstable people, but too few are aware of it. I have asked the mayor to place my proposal that Irvine educate our residents and police about California’s red flag law and its appropriate use on the City Council agenda.
Here is the memo that I sent to the mayor:
“Re: Reducing Gun Violence and California’s Red Flag Law
After the May 2014 mass shooting in Isla Vista in which a mentally unstable young man killed six people and injured fourteen others before killing himself, California passed a ‘red flag law’ that empowers family members and law enforcement officers to petition a court to obtain a “Gun Violence Restraining Order” (GVRO) to temporarily limit a person’s access to guns if they are an immediate and present danger of harming themselves or others.
Red flags laws have now been passed in 17 states and several more states are considering such laws. Red flag laws have been supported by both Republicans and Democrats. In the aftermath of the recent mass shootings in Dayton and El Paso, President Trump declared that ‘We must make sure that those judged to pose a grave risk to public safety do not have access to firearms and that if they do, those firearms can be taken through rapid due process. . . That is why I have called for red flag laws, also known as extreme risk protection orders.’
Red flag laws are not just meant to prevent mass shootings. September is Suicide Prevention Awareness Month. Nearly two-thirds of the gun deaths in the United States — over 22,000 per year — are suicides. Eighty-three percent of suicide attempts by gun succeed; suicide attempts by other means are fatal only 5% of the time. A GRVO can save lives by temporarily preventing a loved one from accessing the most lethal form of suicide until the crisis passes, giving them a chance to get the help they need.
But for red flag laws to be effective, it is important that members of the public and local police officers are aware of the law and encouraged to obtain Gun Violence Restraining Orders when appropriate. Unfortunately, awareness of our red flag law is not nearly as widespread as it should be.
I am proposing that the Irvine City Council work with City Staff and the Irvine Police Department to devise and implement a public awareness program regarding California’s red flag law, hold training sessions on the red flag law for members of the Irvine Police Department, and direct our law enforcement officers to use GVRO’s when appropriate.
I am requesting that this item be placed on the agenda for the Irvine City Council.”
Due to the City Council’s new restrictive agenda policy, which prohibits an item from being placed on the agenda unless the mayor or two city council members agree to do so, I can not place this item on the agenda without the support of the mayor or other councilmembers. Accordingly, I have asked Irvine Mayor Christina Shea to agree to put this proposal on the Irvine City Council agenda.
A recent study by the U.C. Davis School of Medicine found that California’s red flag law has significantly reduced gun violence. According to Laura Cutilletta, legal director of the Giffords Law Center, California’s red flag law acts as a sort of timeout, so someone in psychological distress can get counseling while their fitness to possess a gun is evaluated. “It’s a way to allow for temporary removal of firearms in a situation just like this: where somebody has made threats, where they have been expelled from school because of those threats, they’re in counseling, and parents or the school or whoever it is understands that this person poses a threat,” she explained.
However, the effectiveness of the red flag law has been limited by the lack of awareness of the law on the part of both the public and the police. Too often, neither the public nor the local police are aware of or encouraged to obtain Gun Violence Restraining Orders.
A national organization, Speak for Safety, has formed for the specific purpose of raising awareness of the Gun Violence Restraining Order as a tool to remove firearms and ammunition from people who are an immediate danger to themselves or others.
Recently, deputies from the Orange County Sheriff’s Department a domestic violence victim in Mission Viejo who feared for her family’s safety. Deputies petitioned the courts for a Gun Violence Restraining Order and an Emergency Protective Order. They temporarily removed over 22 firearms and 3,000 rounds of ammunition from the home. All the firearms were legally obtained by the suspect who was arrested for domestic violence.
But too often, neither family members nor law enforcement personnel know that such a gun violence prevention tool exists, even in states, like California, that have very effective GVRO laws on the books.
This the reason I have proposed that the Irvine City Council work with City Staff and the Irvine Police Department to devise and implement a public awareness and education program regarding California’s red flag law, hold training sessions on the red flag law for members of the Irvine Police Department, and direct our law enforcement officers to use GVROs whenever appropriate.
Please join me in this effort by contacting the Mayor and the Irvine City Council and urging them to support this common sense proposal to use California’s existing red flag law to prevent gun violence and save lives in Irvine.