American Bar Association supports gun violence restraining orders
By Andrew Shepperson
The American Bar Association approved a resolution Tuesday to support gun violence restraining orders, despite opposition from some over issues of due process.
The measure, Resolution 118B, passed in the ABA House of Delegates on Tuesday and encourages state and local governments to enact laws allowing courts to issue restraining orders that would require law enforcement to seize guns from the subjects of those orders, the ABA Journal reported.
Ex parte temporary restraining orders are also included in the resolution, and such orders do not require the presence of the individual targeted by the order.
Under the resolution, those seeking a restraining order would be required to submit evidence that the targeted individual poses a serious threat to himself or others, and a procedure must be set in place for the seizure of guns and ammunition.
Subjects of such orders would also be prohibited from obtaining a firearm or firearms license while under the order, the resolution states, as their names would be added to state and federal databases.
Included in the resolution is a report that concludes such restraining orders could help prevent mass shootings by disturbed individuals, pointing to cases such as that of Dylann Roof in South Carolina and Jared Lee Loughner in Arizona in which