A gun violence restraining order (GVRO) is a California civil court order that deals only with firearms: it bars a named person from having custody or control of, owning, buying, possessing, or receiving firearms and ammunition (Penal Code section 18100). A domestic violence restraining order also brings a firearm ban, but as a consequence of an order protecting a family member or partner from abuse. A GVRO stands alone, can be sought by people outside the family such as employers, coworkers, and roommates, and turns on whether the person is a significant danger to themselves or others with a firearm.

What a GVRO restricts

While a GVRO is in effect, the person may not have, own, buy, possess, or receive any firearm or ammunition, and the court must order them to surrender what they have (Penal Code section 18120). If the officer who serves the order asks for them, they must be handed over on the spot. If someone other than an officer serves an ex parte order or an order after hearing and no officer asks, the person has 24 hours from service to turn them over to local law enforcement or sell or transfer them to a licensed firearms dealer, and 48 hours from service to file the receipt with the court. Knowingly owning or possessing a firearm or ammunition in violation of a GVRO is a misdemeanor that adds a five-year ban starting when the existing order expires (Penal Code section 18205).

Who can ask a court for one

A domestic violence restraining order protects people in the relationships the Family Code lists, such as a spouse, cohabitant, or dating or engagement partner (current or former), a co-parent, a child of a party, or a relative within the second degree (Family Code section 6211). The list of people who can petition for a GVRO is different, and it includes people with no family or romantic tie at all. Under Penal Code section 18150 (ex parte orders) and Penal Code section 18170 (orders after a hearing), a petition can come from:

  • an immediate family member: a spouse, domestic partner, parent, child, or relative within the second degree, or a relative within the fourth degree with at least one year of substantial and regular interactions with the person;
  • an employer;
  • a coworker with at least one year of substantial and regular interactions with the person and the employer’s approval;
  • an employee or teacher of a secondary or postsecondary school the person attended in the last six months, with a school administrator’s approval;
  • a law enforcement officer;
  • a roommate who lives, or within the last six months lived, in the household and has had at least one year of substantial and regular interactions with the person;
  • someone in a dating relationship with the person; or
  • someone with a child in common with the person and at least one year of substantial and regular interactions with them.

Three kinds of GVRO, three standards

  • Temporary emergency GVRO. Requested only by a law enforcement officer and issued without notice on reasonable cause to believe the person poses an immediate and present danger of causing personal injury to themselves or another by having a firearm or ammunition, and that less restrictive alternatives have failed or are inadequate or inappropriate. It expires 21 days after issuance (Penal Code section 18125), and the court must hold a hearing on a longer order within 21 days after the date on the order (Penal Code section 18148).
  • Ex parte GVRO. Available to any listed petitioner if there is a substantial likelihood that the person poses a significant danger, in the near future, of causing personal injury to themselves or another by having a firearm, and that the order is necessary for the same reason. The court rules the same day the petition is submitted, or the next court day if it arrives too late for review (Penal Code section 18150). The order lasts no more than 21 days from its date (Penal Code section 18155), and a hearing must be held within that time (Penal Code section 18165).
  • GVRO after notice and hearing. The petitioner must prove by clear and convincing evidence that the person poses a significant danger of causing personal injury to themselves or another by having a firearm, ammunition, or magazine, and that the order is necessary for the same reason. If so, the order lasts 1 to 5 years; if not, the court must dissolve any temporary emergency or ex parte order still in effect (Penal Code section 18175). The same categories of petitioners can seek renewal in the three months before it expires, on the same standard (Penal Code section 18190).

How this differs from a domestic violence restraining order’s firearm rule

Both are civil protective orders. A domestic violence protective order restrains specific acts of abuse, excludes a person from a home, or restrains other specified behavior (Family Code section 6218). Anyone subject to one may not own, possess, purchase, or receive a firearm or ammunition while it is in effect, must be ordered to relinquish them, and can be punished under Penal Code section 29825 for a violation (Family Code section 6389). A GVRO differs in three ways:

  • It restricts only firearms and ammunition. By itself, it does not order anyone to stay away or stop contact.
  • Employers, qualifying coworkers and roommates, school staff, and law enforcement officers can request it without the relationship a domestic violence restraining order requires.
  • It can rest on danger to the person themselves, not only danger to someone else.

Next steps

If you have been served with a GVRO, the surrender and receipt deadlines run from service, and a temporary emergency or ex parte order leads to a hearing within 21 days. The Law Offices of David S. Chesley can review the petition and explain what those deadlines mean for you. Call (800) 755-5174 to discuss your case.