Gun Violence Restraining Order (“GVRO”) Process in California

“A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition.”  (Note: The term “ammunition” includes a firearm magazine.)  (PC 18100)

Introduction

The California Penal Code (“PC”) authorizes 3 (Three) categories of GVROs:

1. Emergency GVRO (PC 18145);
2. Ex Parte GVRO (PC 18150); and
3. Permanent GVRO (PC 18175).

Emergency GVRO (“GVEPO”)

An Emergency GVRO is a court order prohibiting the named person from “…owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm (gun), a firearm part (a receiver, frame, or any item that may be used as or easily turned into a receiver or frame), ammunition, or a magazine.”  (PC 16531 & PC 18125, et seq.)  An Emergency GVRO is initiated by law enforcement (police, sheriff, etc.) through the completion of an EPO-002 form.  An EPO-002 form is completed by a law enforcement officer who declares to a judge, under penalty of perjury, that reasonable grounds exist for the issuance of a GVEPO because the named person poses an immediate danger of causing personal injury to themselves or to another by possessing or purchasing a firearm, firearm parts, ammunition, or magazines and that there is no other adequate, appropriate, or affective means available to prevent the danger then to issue a GVEPO restricting the named person from possessing or purchasing a firearm, firearm part, ammunition, or a magazine.  Based on the law enforcement officer’s sworn declaration, the judge will grant the order, and law enforcement will then serve it on the subject of the petition by delivering a copy to the named person.

“A judicial officer may issue a temporary emergency gun violence restraining order orally based on the statements of a law enforcement officer….”  (PC 18145)

Ex Parte GVRO

An Ex Parte GVRO is a temporary civil restraining order issued by a court pending a formal evidentiary hearing on a permanent GVRO.  An Ex Parte GVRO is initiated through the filing of a GV-110 form with the court.  Unlike an Emergency GVRO that is only available to law enforcement, any of the following individuals may request issuance of an Ex Parte GVRO:

• An immediate family member;
• An employer;
• A coworker who has had substantial/regular interactions with the subject of the petition for 1 (One) year and the employer approves;
• An employee/teacher, with that person’s supervisor’s approval, who works at a secondary school (high school) or post-secondary school (college) where the subject of the petition has attended in the previous 6 (Six) months;
• A law enforcement officer;
• A roommate;
• Any person in a dating relationship with the subject of the petition;
• Any person, who has had substantial/regular interactions for the preceding 1 (One) year with the subject of the petition, and who has a child in common with him or her.

A court may (will) issue an Ex Parte GVRO if the person requesting the issuance of a GVRO asserts that there is a substantial likelihood that:

• the subject of the petition poses a significant danger to the person requesting the GVRO (or any other person) by possessing or being able to buy a firearm, and
• no other alternative exists to prevent the danger created by the subject of the petition possessing or obtaining a firearm except by granting the GVRO. (PC 18150)

Permanent GVRO

Absent a continuance, an evidentiary hearing will be held at the time specified on the Emergency GVRO (Item #4 on form EPO-002) or the Ex Parte GVRO (Item #3 on form GV-110) at which time a judge will decide if the GVRO then in place should be made permanent or terminated.  (PC 18175)

If the court finds that there is clear and convincing evidence to issue a Permanent GVRO, the court shall issue a GVRO that prohibits the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine.  (PC 18175(c)(1))

If the court finds there is not clear and convincing evidence in support of a Permanent GVRO, the court shall dissolve the Emergency GVRO or Ex Parte GVRO then in effect.  (PC 18175(c)(2))

If you have been served with a Temporary Emergency GVRO (Form EPO-002) or an Ex Parte GVRO (Form GV-110) contact Attorney Matthew Tag immediately for a free consultation.