Gun Violence Restraining Orders What is a GVRO? - Red Flag Law - - - PowerPoint PPT Presentation

Gun Violence Restraining Orders

What is a GVRO?

• “Red Flag Law”
• Order prohibiting someone from owning, possessing,

controlling or purchasing firearms and ammunition.

• How Long?
• 21 days (Temporary, Pending Hearing)
• 1 year (After Hearing)

https://speakforsafety.org/law-enforcement/

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GVRO RO Advantages:

A Gun Violence Restraining Order (GVRO) allows law enforcement to PROACTIVELY ADDRESS FUTURE FIREARM VIOLENCE by removing a firearm from an unstable or dangerous individual.

3 Types o

• f GV

GVRO’ O’s

• Temporary Emergency GVRO
• Law Enforcement Only
• Ex Parte GVRO
• Law Enforcement or Immediate Family
• 1-year Order After Hearing
• Law Enforcement or Immediate Family

What is Required f for a an Em Emergency G GVRO?

• Must show there is reasonable cause: (1) the subject

is an immediate and present danger of causing personal injury to self or another by having guns/ammo AND (2) obtaining the order is necessary to protect injury because other means have been tried OR are inappropriate under the circumstances

• ONLY Law Enforcement can apply for this order
• Once served confiscate guns/ammo immediately and

if you would like a 1-year extension file FORM GV-100 with courts

EMERGENCIES

• In an urgent situation, CALL 911
• Police can obtain a temporary

emergency order on your behalf

GVRO vs. DVRO

Real World Issues:

• Serving the Order can be difficult/dangerous
• SWAT Team may be required
• Do not attempt yourself
• Guns registered to someone other than Restrained Person
• You CAN try to get them removed if they have access
• Minors
• Remind the registered owner of their liability

Ex-Parte GVRO

• Non-emergency situation.
• Legal Standard: “Subject poses a significant danger, in

the near future, of causing harm to self or others.”

• Difference is family members/housemates can also

submit this application and file it with the courts, once the temporary order is issued, LE will serve the order.

• This will also last 21 days, but it will trigger a 1 year

hearing automatically.

1 Year Order:

• If you want the 1-year order there must be a hearing to

show clear and convincing evidence that the subject poses a significant danger of injury to self or others by having access to a firearm and the removal of firearms.

• When attending the hearing take documents that can

help prove why you think the firearms restraining order is

• necessary. These documents can include:
• Police report
• Any relevant photos
• Any threatening letters, emails, messages, social

media posts

• Witnesses can also attend the hearing and provide

statements

Refusal to Comply?

• Remind subject that this is a court order and if he/she

refuses to comply they can be arrested for violation of PC 18205- Misdo punishable by imprisonment for 6 months/$1,000 fine or both.

• Advise them you will freeze their residence, obtain a SW

and seize the firearms

• Penal Code 1524(a)(14): SW may be issued where a

person against whom a GVRO has been issued, the person has been lawfully served with that order, and the person has failed to relinquish the firearm as required by law.

TOP 3 USES:

1.Threats (Active Shooter, etc) 2.“5150” 3.Suicide/Dementia

Example 1:

Campbell Police Shooter

• DV situation, wife calls PD to say her angry

husband just left house

• He loaded up car with guns, headed to

Campbell

• Text messages:
• Threatening to kill police officers
• “watch the news, I’m gonna do worse than

that” (referring to Dallas sniper killing cops)

• GVRO issued, guns seized (8 guns in total)

Example 2:

School Shooter Threat

• Suspect gets into argument with girlfriend
• Mom calls police, female denies DV, but mom

says “show them the text messages”

• Texts:
• “I have no reason to live”
• Photos of guns: “I’m gonna shoot that place

up!” (the school)

Threats

Resources:

Online information and forms can be found at: http://speakforsafety.org