California GVRO Attorneys
Gun Violence Restraining Orders
Gun Violence Restraining Orders (GVRO) have been available in California for several years and are the state's equivalent to a "Red Flag" law. Strict limits on who can file a GVRO make obtaining one difficult.
What You Should Know About GVROs in California
Currently, only an immediate family member or law enforcement officer may ask a court for a GVRO. That individual has the burden of demonstrating to the court that a GVRO is necessary. There are a few things you should know about GVROs in California:
- According to California Penal Code 18125(a), GVROs are applicable in situations where an individual represents a present danger of causing injury to him or herself and/or other by having custody of a firearm and the ammunition necessary to use it.
- If you think somebody might purchase a firearm and ammunition to hurt themself or others in the immediate future, you can also file for a GVRO.
- Courts will issue temporary or permanent GVROs in situations where a less restrictive alternative would be inadequate or ineffective.
- Once a temporary GVRO is issued, a hearing will occur within 21 days. If you wish to have the order extend beyond that 21 days, you must attend a court hearing and ask the court to extend it up to the maximum time of one year.
I Was Served a GVRO, What Should I Do?
At the outset, it's of the utmost importance that you comply with the orders and turn in all of your guns, firearms, and ammunition. The penalty for violating a GVRO (even a temporary one) is steep and can impact your ability to own firearms in the future.
Specifically, violations come with a five-year ban on owning guns, firearms, and/or ammunition. This five-year ban will begin after the GVRO expires. Starting in September of 2020, pursuant to Assembly Bill (AB) 61, co-workers, employers, and school professionals will also be able to petition the court for a GVRO.
This upcoming expansion of GVROs is not without controversy. It's important to note that there are still significant restrictions on GVROs (employers must consent to employees who wish to seek a GVRO against a co-worker, for example) and many gun-owners worry about the impact AB 61 could have on their lives. At Creative Family Solutions, we take no stance on the controversy associated with the existence of GVROs and/or other "Red Flag" laws.
Contact an Experienced Attorney Today
If you wish to file or defend yourself from a GVRO, having an experienced attorney on-hand is advised. At Creative Family Solutions, our lawyers possess the knowledge and skills to help with your case. Contact us online or call us at (916) 675-3866 to learn more.