Gun Violence Restraining Orders (GVRO)

FAQs – Frequently Asked Questions

What is a Gun Violence Restraining Order (GVRO)?

A Gun Violence Restraining Order (also known as “Red Flag” laws) is a civil action through a local court to stop someone in crisis from harming themselves or others by temporarily preventing access to and the purchase of firearms and ammunition while the order is in place.

GVROs provide Californians with the opportunity to mitigate a potentially dangerous and deadly situation when an individual is in crisis, specifically regarding firearm suicide. This is critical since firearm suicides account for half of all firearm deaths in California.

In many high-profile shootings, family members recall statements and threats made of plans for self-harm or harm to others and grew concerned about the behavior – even before violence had occurred. It is common for family members, school officials, and close acquaintances to be the first to know when someone is in crisis.

Why is a GVRO needed?

A GVRO offers a judicial pathway for temporarily removing firearms and temporarily prohibiting future purchases of weapons and ammunition. While a GVRO is in effect, an individual in crisis and at risk of harming themselves or others can safely access help and care that could stop a potentially violent incident or suicide from occurring.

What led to the passage of the GVRO law?

Following the 2014 Isla Vista, California, mass shooting, in which six individuals were shot and killed and 14 others were injured, GVRO legislation was introduced and passed in the California legislative session. The law took effect in 2016. The shooter displayed numerous warning signs of committing a violent act, yet there was no legal pathway to temporarily remove firearms and ammunition from the shooter.

Who can request a GVRO in California (list of eligible petitioners)?

A family member or loved one related by blood, marriage, or adoption.
Anyone who is a current household member/roommate or has been within the last six months.
A coworker who has regularly interacted with the person in crisis for at least one year, with approval from the employer.
A teacher or employee at a middle school, high school, college, or university where the person in crisis has attended in the last six months, with approval from a school administrator or supervisor.
Law enforcement, including California peace officers.
An individual who has a child in common or who has a dating relationship with the person in crisis.

What are the three types of GVRO orders?

Temporary Emergency GVRO: Only law enforcement officers may obtain an emergency GVRO if the court finds reasonable cause to believe that there is an immediate and present danger of harm to self or others and that a GVRO is necessary under the circumstances. This emergency order is issued verbally by a judge (whom the officers may call 24 hours a day, seven days a week), is effective immediately, and expires after 21 days.
ex parte GVRO: If the threat of violence and/or self-harm may happen in the near future, eligible petitioners can directly petition the court for a Temporary Gun Violence Restraining Order (form GV-110). Temporary GVRO petitions are typically decided on the same day they are filed and may be in effect for up to 21 days.
GVRO After Notice and Hearing: After 21 days, if the threat of violence and/or self-harm is still present, eligible petitioners can request that a GVRO be issued by the court prohibiting firearm possession and/or purchase from one to five years. Temporary and emergency orders may also be extended into a final GVRO if approved by a judge after notice to the subject and a subsequent hearing.

How do you request a GVRO?

The California Courts website provides a step-by-step guide for filing a Gun Violence Restraining Order properly.

How do communities of color view the GVRO law?

Since GVROs involve law enforcement in the process, some communities may be reluctant to access this tool. To learn more about how communities of color view the GVRO law, please access the White Paper, “Gaining Perspectives from Trusted Messengers of Color on the Gun Violence Restraining Order in California.”

What is the difference between a GVRO and a DVRO (Domestic Violence Restraining Order)?

DVRO laws offer multiple protections through provisions that order no contact with a specific individual, to stay away, move out, attend counseling, and prohibit firearms, among others.
GVROs offer one type of protection — they address access to firearms for individuals at risk of violence to themselves or others.
DVROs can be either civil or criminal orders, while GVROs are all civil orders.

For more information on this topic and their Preventing & Reducing Gun Violence Injuries and Fatalities toolkit, please visit the website of the California Partnership to End Domestic Violence (the project was supported by the Governor’s Office of Emergency Services).

Can a GVRO prevent firearm suicides?

The research is promising. A 2017 study on a similar law found that for every 10 to 20 firearms temporarily removed, one suicide was prevented. This is critical since half of all gun deaths in California are firearm suicides, and 1 in 4 firearm suicides involves a military veteran. The common signs of suicide risk can be found here.

Can a GVRO prevent a mass shooting?

GVROs can help in preventing mass shootings. According to a study done by UC Davis, 58 mass shootings were likely averted from 2016 to 2020 due to California’s GVRO law. The common signs of potential firearm violence can be found here.

In addition to threats of violence or self-harm, what are other considerations judges may consider In making GVRO decisions?

Reckless firearm behaviors
History of threatened, attempted, or actual physical force against another person
Prior arrest for a felony offense
History of violation of a protective order
Records demonstrating abuse of alcohol or controlled substances
Whether the subject of the petition has acquired guns, ammunition, or other deadly weapons within the prior six months