A California Gun Violence Restraining Order, commonly called a GVRO, can temporarily prohibit a person from possessing, purchasing, receiving, or controlling firearms and other prohibited items when a court finds the legal requirements for the order have been met. Depending on the type of order and the court’s findings, a GVRO can be issued temporarily and later extended for one to five years.
California’s Gun Violence Restraining Order law took effect in 2016 and has expanded significantly since then.
A GVRO is sometimes described as a “red flag” order because it allows a court to temporarily restrict a person’s access to firearms when the required showing of danger is established.
The law is intended to address firearm access before a feared act of violence or self-harm occurs.
Because California has expanded the people who may request these orders and changed other aspects of the law since GVROs were first created, older descriptions of California’s “gun seizure law” may no longer accurately describe the current process.
What Is a Gun Violence Restraining Order?
A Gun Violence Restraining Order is a court order restricting a person from having access to firearms and other items covered by California law.
A GVRO can prohibit the restrained person from having custody or control of, owning, purchasing, possessing, or receiving firearms and ammunition.
Current California GVRO orders can also restrict access to other covered firearm-related items.
A GVRO is a civil restraining order, but violating an order can have serious legal consequences.
Who Can Request a Gun Violence Restraining Order in California?
California law allows several categories of people to seek a GVRO.
Depending on the circumstances, a request may be made by qualifying people such as:
- Law enforcement officers
- Family members
- Household members or roommates
- Employers
- Certain coworkers
- Certain teachers or school employees
- Other petitioners authorized by California law
This is broader than California’s original GVRO law.
For that reason, older articles stating that only close family members and law enforcement can seek an order are outdated.
When Can a Judge Issue a Temporary GVRO?
A person authorized to petition for a GVRO can ask a court for a temporary order before the full hearing.
The judge reviews the information submitted with the petition.
A temporary order may be issued when the applicable legal standard is satisfied, including findings concerning the danger the person may pose to themselves or others through access to firearms or ammunition and the necessity of the order.
The restrained person does not necessarily participate before the initial temporary order is issued.
A hearing follows where the court can consider whether a longer order should be entered.
Can Police Obtain an Emergency Gun Violence Restraining Order?
Yes.
Law enforcement can seek an emergency GVRO when officers believe the circumstances satisfy California’s requirements for an emergency order.
A judge is available to review the request.
An emergency GVRO is temporary and is intended to address an immediate risk while the matter proceeds toward a court hearing.
How Long Does a Temporary Gun Violence Restraining Order Last?
A temporary or emergency GVRO generally lasts for a short period leading to a court hearing.
California’s current process generally provides for these temporary orders to remain in effect for approximately 21 days.
At the subsequent hearing, the judge determines whether a longer-term GVRO should be issued.
How Long Can a California GVRO Last?
After a hearing, a California Gun Violence Restraining Order can generally last from one to five years.
The court determines the duration of the order based on the evidence and applicable law.
A qualifying petitioner may also seek renewal before an existing long-term order expires.
If renewed, the order can continue for an additional period authorized by California law.
What Must Be Proven for a Long-Term GVRO?
The person requesting the order has the burden of establishing the requirements for a GVRO.
At the hearing, the judge may consider evidence concerning whether the restrained person poses the type of danger contemplated by California’s GVRO statutes and whether restricting access to firearms and other covered items is necessary.
Evidence can vary significantly from case to case.
Depending on the circumstances, a court may consider evidence involving:
- Threats or acts of violence
- Threats of self-harm
- Recent acquisition of firearms or ammunition
- Violations of protective orders
- History involving violence
- Other conduct or circumstances authorized for consideration under California law
The restrained person has an opportunity to respond to the allegations and present evidence at the hearing.
What Happens to Your Guns After a GVRO Is Issued?
Once a person is subject to an enforceable GVRO, the order prohibits possession and control of covered firearms and ammunition.
A restrained person who has firearms or ammunition must comply with California’s relinquishment requirements.
Depending on the circumstances, firearms and ammunition may need to be:
- Surrendered to law enforcement
- Sold to a licensed firearms dealer
- Stored through a legally authorized method
California Courts currently instructs people served with a temporary GVRO that firearms and ammunition must generally be sold, stored, or surrendered within 24 hours.
A person should carefully follow the specific order and current relinquishment requirements.
Can Police Take Firearms When They Serve the Order?
Potentially.
When law enforcement serves a GVRO, officers have duties relating to firearms and other prohibited items possessed or controlled by the restrained person.
If prohibited firearms or ammunition are present, the restrained person can be required to surrender them.
Failure to comply with a valid order can create additional legal consequences.
Does a GVRO Require You to Stay Away From Someone?
No.
This is an important distinction between a GVRO and other types of restraining orders.
A GVRO is specifically focused on restricting access to firearms and other prohibited items.
By itself, a GVRO does not generally order the restrained person to:
- Stay away from another person
- Move out of a residence
- Stop contacting another person
- Stop harassment or abuse
Other types of restraining orders can impose those restrictions.
For example, a Domestic Violence Restraining Order may include stay-away and no-contact provisions in addition to firearm restrictions.
Is a GVRO the Same as a Domestic Violence Restraining Order?
No.
A Gun Violence Restraining Order and a Domestic Violence Restraining Order serve different purposes and have different legal requirements.
A GVRO focuses primarily on preventing access to firearms and other covered items because of a demonstrated danger.
A Domestic Violence Restraining Order can prohibit abuse, harassment, contact, or approaching protected people and locations.
Domestic violence restraining orders can also independently prohibit firearm and ammunition possession.
Depending on the circumstances, firearm restrictions may therefore arise from several different types of court orders.
For information about criminal domestic violence cases, visit our Fresno Domestic Violence Attorney page.
Can You Fight a Gun Violence Restraining Order?
Yes.
A person who has been served with a petition for a GVRO has the right to respond and participate in the hearing concerning a longer-term order.
Depending on the case, disputed issues can include:
- Whether the alleged threats or conduct actually occurred
- The context surrounding statements attributed to the restrained person
- The credibility of witnesses
- Whether evidence has been misunderstood or taken out of context
- Whether the legal standard for the order has been satisfied
- Whether the evidence establishes the required level of danger
The appropriate response depends on the allegations and evidence.
Can a GVRO Be Terminated Before It Expires?
California law provides procedures concerning the termination of a GVRO before its scheduled expiration.
Whether an order can be terminated depends on the applicable statutory requirements and what the court finds based on the evidence presented.
A restrained person should not assume that the order has ended merely because circumstances have changed.
Unless the court terminates the order or it reaches its expiration date, the firearm restrictions remain enforceable.
Can a Gun Violence Restraining Order Be Renewed?
Yes.
A qualifying petitioner can ask the court to renew a long-term GVRO before it expires.
If the court grants the request, the renewed order can remain in effect for another period permitted under California law.
Because renewal proceedings can extend firearm restrictions for years, someone served with a renewal request should take the proceeding seriously.
What Happens If You Violate a GVRO?
A person subject to a valid GVRO must comply with its firearm and ammunition restrictions.
Possessing, purchasing, receiving, or controlling prohibited items while subject to the order can result in additional legal consequences.
The existence of the restraining order can also affect other criminal allegations if police encounter firearms while the order is in effect.
Does a GVRO Permanently Take Away Gun Rights?
Not necessarily.
A GVRO is generally a temporary firearm prohibition for the duration of the order.
That is different from a firearm prohibition arising from a felony conviction or another legal status that can result in a much longer or lifetime restriction.
However, other facts connected to a GVRO proceeding may independently affect firearm eligibility.
The expiration of a GVRO therefore does not necessarily establish that someone is legally eligible to possess firearms under every California and federal law.
For more information, see our guide to California gun rights after a criminal conviction.
What If Criminal Charges Are Also Filed?
A GVRO proceeding is separate from a criminal prosecution.
However, the conduct underlying a request for a GVRO can sometimes also result in criminal allegations.
Depending on the circumstances, those allegations could involve:
- Criminal threats
- Assault or battery
- Domestic violence
- Brandishing a firearm
- Unlawful firearm possession
- Other firearm or weapons offenses
The existence of a GVRO does not itself establish guilt of a separate criminal offense.
If criminal charges are filed, prosecutors must prove the elements of those charges.
California’s GVRO Law Has Expanded
California’s Gun Violence Restraining Order system has changed considerably since it first took effect in 2016.
The categories of people who may seek an order have expanded, longer-term orders can last as long as five years, and California continues to update procedures involving GVROs and firearm relinquishment.
For that reason, someone involved in a current GVRO proceeding should not rely on descriptions of California’s original 2016 law.
Talk to a Fresno Criminal Defense Attorney
A Gun Violence Restraining Order can immediately affect a person’s ability to possess firearms, and the same allegations can sometimes lead to a separate criminal investigation or prosecution.
Gregory W. Fox has more than 20 years of experience defending people accused of California criminal offenses.
If you are facing criminal charges involving firearms in Fresno or Central California, visit our Fresno Gun & Weapons Charges Attorney page or call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.
