A gun violence restraining order (GVRO) in California is a court order that temporarily prohibits a person from owning, purchasing, possessing, or receiving firearms and ammunition. The GVRO is intended to prevent individuals who are deemed to be a danger to themselves or others from accessing firearms.
In California, a GVRO can be requested by a family or household member, a law enforcement officer, or a school employee who has reasonable cause to believe that a person poses a significant risk of harm to themselves or others with a firearm. The request must be made to a court, which will then schedule a hearing to determine whether the GVRO should be granted.
At the hearing, the court will consider evidence and testimony from the person who requested the GVRO, as well as any other relevant witnesses or evidence. If the court determines that the person poses a significant risk of harm with a firearm, it may issue a GVRO that is in effect for up to one year.
During the GVRO period, the person is required to surrender their firearms and ammunition to law enforcement or sell them to a licensed firearms dealer. They are also prohibited from purchasing, possessing, receiving, or attempting to purchase firearms or ammunition. If the person violates the GVRO, they can face criminal charges and penalties.
The purpose of the GVRO is to provide a temporary measure to prevent gun violence, particularly in cases where a person is in crisis and may pose an immediate danger to themselves or others. It is important to note that the GVRO is not a criminal proceeding and does not result in criminal charges or penalties unless it is violated.
In California, a gun violence restraining order (GVRO) can be requested by several categories of individuals who have a close relationship with the person who may pose a threat. Specifically, a GVRO can be requested by:
-
Family members: This includes a spouse, domestic partner, parent, child, sibling, grandparent, or grandchild of the person who may pose a threat.
-
Law enforcement officers: This includes any law enforcement agency or officer that has jurisdiction over the area where the person who may pose a threat resides.
-
Employers: This includes any employer of the person who may pose a threat, if the employer has received credible information that the person may pose a threat.
-
School employees: This includes any teacher, school administrator, or school staff member who has direct and regular contact with the person who may pose a threat, if the person is a student at the school.
In order to request a GVRO, the person must have a close relationship with the person who may pose a threat and have reason to believe that the person poses a significant danger to themselves or others with a firearm. The request must be made to a court, which will then schedule a hearing to determine whether the GVRO should be granted.
It is important to note that requesting a GVRO is a serious matter, and false or malicious requests can result in legal consequences. Therefore, it is important to have a legitimate and credible reason to request a GVRO.
In California, a person can violate a gun violence restraining order (GVRO) in several ways, including:
-
Possessing firearms or ammunition: During the GVRO period, the person is prohibited from owning, purchasing, possessing, or receiving firearms or ammunition. If the person is found in possession of firearms or ammunition, they can be charged with violating the GVRO.
-
Attempting to purchase firearms or ammunition: The person is also prohibited from attempting to purchase firearms or ammunition during the GVRO period. If they attempt to purchase firearms or ammunition, they can be charged with violating the GVRO.
-
Refusing to surrender firearms and ammunition: When a GVRO is issued, the person is required to surrender their firearms and ammunition to law enforcement or sell them to a licensed firearms dealer. If the person refuses to surrender their firearms and ammunition, they can be charged with violating the GVRO.
-
Refusing to provide information about firearms and ammunition: If the person is ordered to provide information about any firearms or ammunition they own, and they refuse to do so, they can be charged with violating the GVRO.
If a person violates a GVRO, they can be charged with a misdemeanor or felony, depending on the circumstances of the violation. The penalties for violating a GVRO can include fines, jail time, and probation. In addition, violating a GVRO can result in a permanent prohibition on owning or possessing firearms.