Gun Violence Restraining Orders (GVROs) in California

A Gun Violence Restraining Order (GVRO) is a civil court order that temporarily prohibits a person from owning, possessing, purchasing, receiving, or attempting to purchase firearms and ammunition.

Although GVROs are civil orders, they frequently arise out of criminal investigations or pending criminal cases, and violations of a GVRO order carry serious felony exposure.

California’s GVRO laws have expanded significantly in recent years, including recent legislative changes signed by the Governor which makes them more common, easier for the County to pursue, and more dangerous for gun-owners than before.

What Is a GVRO?

A GVRO is intended to prevent firearm access when a court finds that a person poses a significant risk of causing personal injury to themselves or others in the near future.

Key features:

  • It is preventive, not punitive
  • It can be issued before any crime occurs
  • It can be issued after a criminal arrest, but before there is a conviction on that arrest
  • It authorizes law enforcement firearm seizures
  • It creates new criminal liability if violated

GVROs are governed by California Penal Code §18100 et seq.

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Who Can Request a GVRO?

Depending on the type of GVRO, a petition may be filed by:

  • Law enforcement officers (the County where the firearms are owned or where a criminal arrest has taken place)
  • Immediate family members
  • Household members
  • Employers, coworkers, or school personnel (under expanded statutes)

This expansion means GVROs can now be triggered by workplace disputes, domestic conflicts, or third-party reports, not just arrests.

Types of GVROs

Emergency GVRO

  • Requested by law enforcement
  • Issued telephonically by a judge
  • Effective immediately
  • Lasts up to 21 days

This often occurs during or immediately after:

  • Domestic violence arrests
  • Mental health welfare checks
  • Criminal threat investigations

Temporary GVRO

  • Issued after a court filing
  • Usually granted ex parte (without the restrained person present)
  • Lasts until a court hearing (typically 21 days)

Firearms are usually seized or must be surrendered during this period.

One-Year GVRO

  • Issued after a noticed court hearing
  • Requires a finding of significant danger
  • Prohibits firearm possession for up to one year
  • Can be renewed

Violating a one-year GVRO is commonly charged as a felony.

How GVROs Attach to Criminal Cases

This is where GVROs become especially complicated.

Common Criminal Case Connections

GVROs frequently arise alongside:

  • Domestic violence cases
  • Criminal threats allegations
  • Brandishing or firearm display reports
  • Mental health-related police calls
  • Workplace or school incident investigations
  • Pending assault or battery cases

In many cases:

  • No firearm was used
  • No charges have been filed yet
  • The GVRO becomes leverage or a precursor to criminal prosecution

GVROs and Search & Seizure Issues

GVROs often authorize or accompany:

  • Firearm surrender orders
  • Searches of residences
  • Seizure of registered and unregistered firearms
  • Orders to disclose firearm locations

How these searches are conducted—and whether they exceed the scope of the order—is a major litigation issue in many cases.

Criminal Consequences of a GVRO

Violating a GVRO can result in:

  • New misdemeanor or felony charges
  • Probation or prison exposure
  • Permanent firearm prohibitions
  • Federal consequences in some cases

Critically:

  • Accidental possession can still be charged
  • Third-party firearm access issues (shared homes, vehicles) are common traps and give rise to many of the nuanced defense issues that come up when defending these cases.

Expanded GVRO Laws: What Changed

Recent legislation expanded:

  • Who can request GVROs
  • The contexts in which they may be sought
  • Integration with workplace and institutional reporting

As a result:

  • GVRO filings are increasing
  • Orders are being issued earlier in investigations
  • Firearm owners are losing rights before criminal adjudication

Why GVROs Require Immediate Legal Review

GVRO cases are not paperwork issues. They involve:

  • Constitutional firearm rights
  • Search and seizure law
  • Parallel civil and criminal exposure
  • Tight deadlines for hearings and objections
  • Oral argument in open court against County lawyers in front of a Superior Court judge

Next Step

If you are facing a Gun Violence Restraining Order (GVRO) or a criminal case where a GVRO has been issued or threatened in California—and you want a defense review focused on the specific statute(s) involved, the firearm and search issues, and the potential criminal exposure—you can send your information to me here:

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