Gun Violence Case Study

For many, mental health and gun violence seem to go hand in hand. While it seems logical that individuals that perpetrate mass shootings must have some mental illness such as in the case of Adam Lanza who in December 2012 carried out one of the most tragic mass shootings at the Sandy Hook elementary school in Newtown Connecticut. In that shooting Lanza, who was 20 years old at the time, killed his mother then went on to slaughter 6 adults and 20 children between the ages of 6 and 7 and finally taking his own life. (Connecticut Shootings Fast Facts - CNN.com) Lanza had in fact had been diagnosed with having Autism Spectrum Disorder which is characterized by “persistent deficits in social communication and social interaction across multiple
as “any spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the house.” (California Penal Code - PEN § 422, FindLaw) Additionally, before the hearing, the court must ensure that all databases be searched to determine if a person owns a weapon and there be other documented criteria be evidenced in court. For example there must be a recent threat of violence directed at themselves or another within the previous 6 months; a conviction of a violent offense and a pattern of violent acts or threats within the past twelve months. Other evidence that the court may consider is unlawful and reckless use, display or brandishing of a firearm; prior arrest for a felony offense, a history of violation of any protective order and documented evidence including but not limited to police reports and records of convictions, of either recent criminal offenses that involve controlled substances or alcohol, or ongoing abuse of controlled substances or alcohol. The Ex Parte is only good for a period of 21
Evidentiary requirements are similar to the Ex Parte in that all evidence is considered but this hearing the court would hear testimony from both the individual as well as any witnesses for the petitioner to determine if it meets the criteria. Once the GRRO is granted, the individual must surrender all weapons and ammunition in their possession. Additionally, the court can order a search warrant and then seize all weapons that the individual may have access to. This too has certain restrictions and protections in place. For example, if the weapons found in the home are registered to another person in the home, they cannot be seized by law enforcement if the individual does not have access to them such as in a locked gun safe. Further protection of the individual is a penalty for giving false statements with the intent to harass the respondent will result in a misdemeanor