A new California law scheduled to take effect with the new year allows police to seize private, legally-owned weapons for up to 21 days without charges or letting citizens contest the seizure.

Under the law, a judge has the power to grant an order telling police to seize a person’s guns, based solely on accounts from family members or police that the person poses an "imminent danger". The restraining order can be granted without the affected person knowing it exists or being allowed time to contest it.

Once granted, police can use the restraining order to confiscate all of a person’s guns and ammunition, and the person is also barred from buying or possessing guns and ammo for the duration of the order. The law mandates a court hearing within three weeks. At that hearing, a judge is allowed to extend the restraining order for up to a year.

Police in California already have the power to seize a person’s guns if a licensed therapist informs them that the person’s mental state makes them a danger to themselves or others.

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