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San Diego Police Department v. Guillermo Barragan, Jr.
In the United States, a red flag law is a gun control law that permits police or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question. Refusal to comply with the order is punishable as a criminal offense. After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation. California's law enforcement authorities have used these and other methods, such as forcible mental health "treatment", to retaliate against persons that speak out against laws or policies such as the draconian "lock down" orders imposed by the state of California. The Police in California rely on Penal Code Provisions for Temporary Emergency Gun Violence Restraining Order (California Penal Code §§ 18125 — 18148).
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