A lawsuit has been filed in the state of California that seeks to challenge a local restraining order law that bars those with standing restraining orders from being able to own guns.
This lawsuit was filed by the Second Amendment Law Center and the California Rifle & Pistol Association in an effort to overturn this aspect of California Law. This law requires that all those who have a restraining order filed against them have their firearms confiscated and are barred from buying firearms and ammunition in the state of California.
The lawsuit is being filed over one specific case where it would appear that this law was abused to ridiculous ends.
Richard and Miranda Wallingford are happily married and have lived in their California home for well over 50 years. The Wallingfords have seen saplings in their yard turn into full-grown trees and they have managed to stay afloat through thick and thin. Things were going great for the pair until one neighbor moved in next door.
Richard and Miranda’s new neighbor was not a fan of a particular tree at the edge of their property and after the couple refused to remove it this neighbor plotted to ruin their lives to get what they wanted. The neighbor hatched a scheme to accuse Richard Wallingford of assault and battery and filed for a restraining order.
The Wallingford’s wacko neighbor filed both a civil case and small claims against Richard and Miranda for their failure to manage their property as they would have, typical California. The court granted the neighbor a temporary restraining order against Richard Wallingford and this resulted in the confiscation of his arms as well as the state barring him from purchasing any more firearms and ammunition.
Sadly, the court made a major mistake in its issuing of the restraining order. The court admitted that it had mistakenly read the neighbor’s petition to include new allegations of assault while granting the restraining order, noting that these are not the same allegations that were previously pushed by Wallingford’s neighbor. Had the allegations not changed and the restraining order would not have been granted.
The Wallingford’s also pursued a restraining order against their neighbor, which the court granted because the neighbor made a throat-slashing gesture towards the Wallingford’s security camera, flashed the camera, sprayed the camera, and engaged in other acts similar to those described.
This case is ridiculous and it’s clear that the anti-2A restraining order law in California has been abused to punish someone over a personal dispute.
It is very easy to say that this law could save lives, it is not hard to imagine a situation where a law like this could have prevented a disgruntled ex from killing their former partner. This was the easy solution to a complex problem, just like Red Flag Laws. In that instance, it is also easy to imagine how those laws could prevent someone from ending their own life or the lives of others.
The easy way is not always the right way to do things, certainly not when it comes to legislative solutions. Patriots around the country fear Red Flag laws because they are open for abuse, these laws in California are the same way.