'Gun restraining order' proposed in Sacramento following Isla Vista killings

SACRAMENTO, Calif. (KABC) -- Lawmakers in Sacramento proposed new gun legislation Wednesday in response to the Isla Vista killing spree.

"There were so many potential moments where this behavior could have and perhaps should have been identified in advance," said Sen. Hannah-Beth Jackson, D-Santa Barbara.

Suspect Elliot Rodger's parents were worried about his increasingly bizarre behavior for weeks and called authorities. But during a welfare check, deputies had no legal rationale to enter his apartment or seize his guns.

Now, state Democrats are proposing that friends and family could file a so-called gun restraining order.

"This legislation would give them the ability to go to a court and ask for a gun violence restraining order, which would remove the gun that the individual in question has and prevent them from buying new guns," said Assemblyman Das Williams, D-Santa Barbara.

Critics say the proposal unnecessarily restricts Second Amendment freedoms.

"Here we go again, knee jerk reaction with a policy that will have really no impact on crimes committed by people with significant mental issues like this," said Sam Paredes with Gun Owners of California.

Advocates say a judge would have to approve any seizure of guns, and everyone would be allowed to plead their case in court.

"I think it's reasonable to have a right to a firearm, but not if you're mentally unstable, not if you're mentally ill," said Williams.

The legislation still has a long way to go before becoming a law in California.