(a) California Penal Code section 18100 et seq. allows local law enforcement agencies to use Gun Violence Restraining Orders (“GVRO”) as a tool for prohibiting and enjoining an individual from having custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition when that individual poses an immediate and present danger of causing personal injury to self or others. Assembly Bill No. 12 (AB 12) and Assembly Bill No. 61 (AB 61), each approved by the Governor on October 11, 2019, expanded the circumstances, procedures, and scope under California law for the issuance of GVROs. Both AB 12 and AB 61 are operative on September 1, 2020. Assembly Bill No. 2617 (AB 2617), approved by the Governor on September 29, 2020, amended California Penal Code sections 18140 and 18205 to strengthen procedural requirements applicable to peace officers and expand applicable California Penal Code provisions to persons who are subject to certain gun violence restraining orders issued by an out-of-state jurisdiction. AB 2617 is operative on January 1, 2021.
(b) There are three types of GVROs available in California:
(b) There are three types of GVROs available in California:
(1) the temporary emergency protective order, available to peace officers where there is reasonable cause to believe the subject of the GVRO poses an immediate and present danger of causing personal injury to self or others;
(2) the temporary ex parte GVRO, available to peace officers, family members, and other authorized persons, where there is a showing of a substantial likelihood that the individual who is the subject of the GVRO poses a significant danger of causing personal injury to self or others; and
(3) the one-to-five-years ban, available to law enforcement, family members, and other authorized persons, which may be imposed after notice and a hearing where there is a finding by clear and convincing evidence that the individual who is the subject of the GVRO poses a significant danger of personal injury to self or others.
All three types of GVROs require a finding that the GVRO is necessary to prevent personal injury to self or others because less restrictive alternatives either have been tried and found to be ineffective, or have been determined inadequate or inappropriate for the circumstances. AB 2617 expanded the applicable California Penal Code section to persons who are subject to certain gun violence restraining orders issued by an out-of-state jurisdiction.
The foregoing description in this subsection (b) of the three types of GVROs reflects California law as amended by AB 12, AB 61, and AB 2617.
(c) It is the policy of the City to use GVROs in circumstances where there is a nexus between the use or threat of use of a firearm or ammunition by the individual who is the subject of the GVRO and the danger presented to self or others, and the GVRO is necessary to prevent an injury to self or others. This tool is not intended to be used in circumstances where there would be no value in obtaining a GVRO, such as when an individual is already prohibited from obtaining or having access to a firearm, for the same period of time, or more, that a GVRO could be in effect.