California Attorney General Rob Bonta brought together California's city attorneys and county counsels for a special virtual convening on Gun Violence Restraining Orders (GVROs). The goal of the meeting was to highlight the lifesaving impact of GVROs and to provide resources and impetus for local agencies to establish GVRO programs in their offices. The convening of more than 100 attendees was hosted yesterday by Attorney General Bonta, along with co-hosts San Diego City Attorney Mara Elliott and San Francisco City Attorney David Chiu. This effort was part of the first-in-the-nation Office of Gun Violence Prevention Attorney General Bonta announced last month.
“Gun violence restraining orders are a critical tool that can help save lives, but they are severely underutilized,” said Attorney General Rob Bonta. “San Diego has established a robust program and the evidence shows that it works — it has prevented multiple mass shootings. San Francisco is well on its way to matching the efforts of San Diego. My hope is that every one of our partners who attended this meeting came away with a better understanding of the immense value of GVRO programs. This is about more than just laws and policies: It’s about protecting Californians and preventing more tragedies. The rate of gun deaths in California is one of the lowest in the nation, in part because of successful strategies such as GVRO programs. However, even one gun death is one too many. We will keep working together until we end gun violence, once and for all.”
“My thanks go out to Attorney General Bonta for his leadership in ensuring all Californians have access to Gun Violence Restraining Orders,” said San Diego City Attorney Mara Elliott. “My Office has conducted GVRO trainings for more than 500 agencies, and we hope to do many more. By convening a meeting of city attorneys, county counsels, and their deputies from throughout the state, the attorney general continues to champion this life-saving tool.”
"Gun violence restraining orders are among the most important tools we have to reduce gun violence, prevent mass shootings, and save lives," said San Francisco City Attorney David Chiu. "San Francisco is ramping up our own gun violence restraining order program, and I encourage all communities across California to follow suit. I appreciate the leadership of Attorney General Rob Bonta and San Diego City Attorney Mara Elliott for partnering on this issue and creating model GVRO programs that will make our communities safer."
GVROs can assist law enforcement in recovering firearms from individuals who have shown a probability to commit violence or prevent those individuals from obtaining firearms in the first place. GVROs are court orders that prohibit individuals from owning or possessing firearms. These orders can be a critical tool for officers to remove firearms and prevent the purchase of new guns by individuals who pose a significant risk of harm to themselves or others. Law enforcement officers, family members, employers, coworkers, and school employees can petition the court for a GVRO to prohibit a person from possessing firearms who they believe poses a serious threat. In addition to GVROs, individuals who are in fear of or experiencing abuse by someone with whom they are in a close relationship — such as a current or former spouse, partner, or parent – can request a domestic violence restraining order (DVRO).
In 2016, California became one of the first states to enact a red flag law. The law initially allowed law enforcement officers and family members of a person they believed was a danger to themselves or others to petition the court to prohibit that person from possessing firearms. In 2020, Assembly Bill 61 expanded authorization to petition the court for a GVRO to employers, coworkers, and school employees.
Since 2017, San Diego has operated a comprehensive GVRO program. Under this program, Deputy City Attorneys apply for GVROs on behalf of officers from the San Diego Police Department. In 2021, over 31% or 435 of the 1,384 GVROs issued statewide were issued in San Diego County. Since the inception of the groundbreaking program, more than 1,500 firearms have been confiscated through GVROs. Removing these firearms is believed to have prevented multiple violent incidents, including mass shootings. For example, in June, City Attorney Elliott wrote in the San Diego Community Newspaper about a GVRO used to remove firearms from a man who posted a photo of himself on social media holding an AR-15 rifle with the message, “RIP” to his former high school and stating that he hoped to die.
Since becoming San Francisco City Attorney, David Chiu has redoubled the office’s efforts in obtaining GVROs. Working with San Diego and building a coalition with stakeholders across San Francisco, City Attorney Chiu is aiming to match the efforts of San Diego.
During the convening yesterday, San Diego City Attorney Mara Elliott and San Francisco City Attorney David Chiu discussed their offices’ GVRO programs, and the trainings offered to other local agencies to help establish their own robust GVRO programs, with special emphasis on how to bring together a coalition of stakeholders and work with police.
Petitioners can request a temporary GVRO or DVRO from the civil court in their county of residence. A judge will consider the facts presented in the petitioner’s formal, written application and/or at a hearing. Using the information presented, the judge will assess whether the subject is presently at risk of harming anyone. Under California law, orders are granted or denied the same day the petition is submitted to the court. If granted, the subject must relinquish their firearms within 24-48 hours, and for the duration of the order. Orders can be extended by requesting an Order after Hearing. These orders can be issued from one to five years for GVROs, and can be non-expiring for a DVRO.
GVROs and DVROs prohibit individuals from the possession of a firearm or ammunition. Specifically, under the conditions of a GVRO or DVRO, a subject is:
- Not allowed to have in their custody or control, own, or possess a firearm or ammunition;
- Not allowed to purchase or receive a firearm or ammunition; and
- Required to relinquish any firearms and/or ammunition to law enforcement, sell them, or store them with a licensed firearms dealer.
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