How does a GVRO help people in crisis stay safe?

The GVRO helps family members, household members, and law enforcement protect a loved one who is a danger to themselves or others by temporarily prohibiting them from accessing guns. It requires temporary removal of guns, ammunition, and magazines from the subject of the order and prohibits new purchases for the duration of the order.

How does a GVRO work?

A family member, household member, or law enforcement officer can request that a civil court in their jurisdiction issue a GVRO based on the facts they present through a formal, written application, and/or at a hearing before a judge. This does not preclude the petitioner from seeking any other available legal remedy.

How do courts assess if someone is “dangerous?”

Judges make the decision whether or not to issue a GVRO.

By law, they must consider several indicators:

• Recent threat or act of violence toward self or others
• Violation of a protective order currently in effect
• Conviction for any crime that prohibits purchase and possession of firearms under California law
• Patterns of violence or threatened violence within the prior 12 months directed toward self or others

What are the effects of a GVRO on the restrained person?

The subject of the petition will be required to surrender any firearms or ammunition they currently possess for the duration of the order. If he or she does not willingly surrender these items within 24 hours of the order, a search warrant may be issues and they will be removed by law enforcement.

The subject of the petition will be temporarily barred from purchasing firearms, magazines, or ammunition while the order is in effect.

If the subject of the petition violates the restraining order, call the police. He or she can be arrested and charged with a crime.

How long does a GVRO last?

A judge may approve a temporary GVRO for up to one year. A family member of law enforcement officer may request a renewal of the order prior to its expiration.

 

View more information about Gun Violence Restraining Orders.