No one is coming to take your guns: States thinking of passing gun seizure laws

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As state officials across the country grapple with how to prevent mass killings like the ones at Sandy Hook Elementary School in Newtown and near the University of California, Santa Barbara, some are turning to a gun seizure law pioneered in Connecticut 15 years ago.

Connecticut's law allows judges to order guns temporarily seized after police present evidence that a person is a danger to themselves or others. A court hearing must be held within 14 days to determine whether to return the guns or authorize the state to hold them for up to a year.

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California and New Jersey lawmakers are now considering similar statutes, both proposed in the wake of the killings of six people and wounding of 13 others near the University of California, Santa Barbara by a mentally ill man who had posted threatening videos on YouTube.

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Rachel Baird, a Connecticut lawyer who has represented many gun owners, said one of the biggest problems with the state's law is that police are abusing it. She said she has had eight clients whose guns were seized by police who obtained the required warrants after taking possession of the guns.

"It's stretched and abused, and since it's firearms, the courts go along with it," Baird said of the law.

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Connecticut authorities report a large increase in the use of gun seizure warrants involving people deemed dangerous by police over the past several years. Officials aren't exactly sure what caused the increase but believe it's related to numerous highly publicized mass shootings in recent years.

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Police statewide filed an estimated 183 executed gun seizure warrants with court clerks last year, more than twice the number filed in 2010, according to Connecticut Judicial Branch data. Last year's total also was nearly nine times higher than the annual average in the first five years of the gun seizure law.

Connecticut police have seized more than 2,000 guns using the warrants, according to the most recent estimate by state officials, in 2009.

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"With all that we see in the news day after day, particular after Newtown, I think departments are more aware of what authority they have ... and they're using the tool (gun seizure warrants) more frequently than in the past," said South Windsor Police Chief Matthew Reed. "We always look at it from the other side. What if we don't seize the guns?'

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