California
Gun Violence Restraining Order
The California legislature passed the Gun Violence Restraining Order (GRVO) into law in 2014 following a shooting in Isla Vista, CA, that left seven people including the shooter dead. Prior to the shooting, the shooter’s mother noticed he was behaving dangerously and asked law enforcement to intervene, but she was told that since her son was an adult and had not committed a crime, there was nothing they could do. California’s law went into effect on January 1, 2016. The law was updated on September 26, 2023, to allow a court to consider evidence of acquisition of body armor when determining whether grounds for a GVRO exist.1
A Gun Violence Restraining Order (GVRO) is a civil order that temporarily prohibits an individual who poses a significant danger of causing injury to self or others from purchasing or possessing any firearms or ammunition.2
Under California law, law enforcement, immediate family members, roommates, persons in a dating relationship with the respondent, people who share a child in common3, employers, co-workers4, and employees and teachers at a secondary or postsecondary school5 that the respondent has attended in the last six months, are authorized to petition for a GVRO.
There are three types of GVROs: temporary emergency GVROs, ex parte GVROs, and GVROs After Hearing. Law enforcement may request a temporary emergency GVRO over the phone outside normal court hours.6 Law enforcement, immediate family members (including a spouse, whether by marriage or not, domestic partner, parent, child, any person related by consanguinity or affinity within the second degree), roommates, dating partners, people who share a child in common, employers, co-workers, and employees and teachers at a secondary or postsecondary school that the respondent has attended in the last six months, may petition for a temporary GVRO ex parte during court hours. A temporary emergency GVRO and an ex parte GVRO remain in effect until a hearing for a GVRO After Hearing, but no longer than 21 days, when both the petitioner and respondent may address the court. A GVRO After Hearing lasts between one and five years and may be terminated prior to its expiration or renewed through court processes defined in the law.
California’s GVRO law includes ex parte GVROs issued by a judicial officer; a hearing where the respondent is provided notice and an opportunity to participate7; the respondent’s right to counsel (at no expense to the government); and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue a GVRO.
2 Cal Pen Code § 18120, Added Stats 2019 ch 724 § 4 (AB 12), effective January 1, 2020, operative September 1, 2020.
3 Who has had substantial and regular interactions with the subject for at least one year.
4 Who has substantial and regular interactions with the respondent and with approval of their employer.
5 With approval of a school administrator or a school administration staff member with a supervisory role.
6 Cal Pen Code § 18125; Added Stats 2014 ch 872 § 3 (AB 1014), effective January 1, 2015, operative January 1, 2016. Amended Stats 2018 ch 898 § 7 (SB 1200), effective January 1, 2019.
7 Cal Pen Code § 18185
