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/
This This T Tool W l Was Rarely ly U Used
33 Total
A Gun Violence Restraining Order (GVRO) allows law enforcement to GVRO RO PROACTIVELY ADDRESS FUTURE FIREARM VIOLENCE Advantages: by removing a firearm from an unstable or dangerous individual.
3 Types o of 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.
• 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 1 Year Order: 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
• DV situation, wife calls PD to say her angry husband just left house • He loaded up car with guns, headed to Campbell Example 1: • Text messages: Campbell Police Shooter • 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)
• Suspect gets into argument with girlfriend • Mom calls police, female denies DV, but mom says “show them the text messages” Example 2: • Texts: School Shooter Threat • “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
Recommend
More recommend
