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Gun Violence Restraining Orders Explained

Posted by Brian Michaels | Apr 12, 2023 | 0 Comments

In California, a gun violence restraining order (GVRO) is a court order that prohibits a person from possessing firearms and ammunition for a limited period of time if they are deemed to pose a significant danger to themselves or others due to their access to firearms. A GVRO can be obtained by law enforcement or family members, household members, or employers of the person who is believed to pose a danger.

The process for obtaining a GVRO typically involves filing a petition with the court and presenting evidence that the person poses a danger to themselves or others. The court will consider the evidence and may issue a temporary GVRO, which can be effective for up to 21 days. A hearing will be held within 21 days to determine whether a longer-term GVRO should be issued, which can last for up to one year.

If a GVRO is issued, the person subject to the order must surrender their firearms and ammunition to law enforcement or a licensed firearms dealer within a specified period of time. They are also prohibited from purchasing or possessing firearms and ammunition for the duration of the order.

Violating a GVRO is a misdemeanor offense, punishable by fines and/or imprisonment. The person subject to the order can request a hearing to terminate the GVRO at any time during the order's duration if they believe they no longer pose a danger.

GVROs are intended to prevent gun violence and protect public safety by temporarily removing firearms from people who pose a significant risk of harm to themselves or others.

 

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Brian Michaels

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