Penal Code 18100: Gun Violence Restraining Orders (GVRO)

If you believe a family member, household resident, coworker, or student poses an immediate danger to themselves or others and has access to firearms, California law provides a legal path to intervene.

Under California Penal Code Section 18100, individuals can petition the court for a Gun Violence Restraining Order (GVRO).

Often referred to as a "Red Flag Law," this civil court order temporarily prohibits a specific person from owning, purchasing, possessing, receiving, or having custody or control of any firearms, ammunition, or ammunition magazines.

Your best chance for a positive outcome is to work with an experienced California criminal defense attorney at Cron, Israels & Stark.

To arrange a consultation, call (424) 372-3112 or fill out the contact form here.

What is California Penal Code 18100?

Penal Code 18100(a) establishes the legal foundation for a GVRO. It is a civil process rather than a criminal charge, primarily focused on crisis intervention to prevent firearm injuries or mass violence before any aggressive act occurs.

Cal. Pen. Code § 18100(a): "A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition."

Who Can File for a GVRO in California?

California has broadened the list of eligible petitioners so that those closest to someone in crisis can request help. You are legally allowed to petition for a GVRO if you are:

Law Enforcement Officers or law enforcement agencies (including certain designated District Attorney offices).
Immediate Family Members: Including a spouse, domestic partner, parent, child, sibling, grandparent, or grandchild.
Household Members / Roommates: Anyone who lives in the home now, or has lived there regularly in the past six months, and has had consistent interactions with the person for at least a year.
Employers: If the person is an employee.
Coworkers: If they have substantial, regular interactions with the person and have been employed together for at least one year.
School Personnel: Teachers, administrators, or staff members at secondary or postsecondary institutions the individual attended within the last 6 months.

The Three Types of Gun Violence Restraining Orders

The GVRO system is intended to address both urgent emergencies and ongoing safety concerns. It generally progresses through three clear stages:

1. Emergency Protective Order (EPO / Emergency GVRO)

Who requests it: Only Law Enforcement.
How it works: Obtained by an officer at any time, day or night, during a crisis situation such as a domestic violence call or mental health emergency.
Duration: Valid for 21 days.

2. Temporary Ex Parte GVRO

Who requests it: Any eligible civilian petitioner or law enforcement.
How it works: A judge reviews the petition without giving prior notice to the person in crisis (the respondent) to prevent immediate harm.
Duration: Valid for up to 21 days until a full formal court hearing can be conducted.

3. Long-Term GVRO (After Notice and Hearing)

Who requests it: Granted only after a full court hearing in which both the petitioner and respondent have the opportunity to present evidence, call witnesses, and address the judge.
Legal Burden: The court is required to establish through clear and convincing evidence that the individual presents a substantial danger.
Duration: Valid for 1 to 5 years, depending on the court's assessment, and can be renewed before expiration.

Legal Requirements: Evidence the Court Looks For

A judge will not issue a GVRO based solely on speculation or personal disputes. To grant a long-term order under Penal Code 18100, the court considers specific evidence, including whether the respondent has:

Made threats or engaged in acts of violence targeting themselves, a particular group, or others within the last 6 months.
Exhibited a recurring pattern of violent behavior or threats within the past 12 months.
Violated any domestic violence protective orders.
A prior conviction for any crime that prohibits firearm possession.
Demonstrated a history of unlawful, reckless, or negligent use of firearms.

The Relinquishment Process: What Happens to the Firearms?

After a GVRO is issued and served, the individual subject to it is legally prohibited from keeping their weapons. California has a strict timeline for returning firearms and ammunition:

1. Immediate Surrender or 24-Hour Notice:

If a law enforcement officer serves the order, the restrained individual must immediately hand over all firearms, ammunition, and magazines. In other situations, they have exactly 24 hours from the time of service to voluntarily surrender the items to local law enforcement or sell them to a licensed gun dealer.

2. Obtain a Firearm's Receipt:

The law enforcement agency or licensed dealer that receives the weapons must provide an official receipt listing each firearm and all ammunition received in detail.

3. File Proof of Relinquishment with the Court:

The restrained individual must file a copy of the official receipt with the superior court within 48 hours of being served to prove they have fully complied with the order.

4. Law Enforcement Verification:.

Under Penal Code 18120.5, courts and local law enforcement continuously monitor and verify if the respondent has submitted their proof of relinquishment. If the restrained individual refuses to surrender their firearms, law enforcement can request a search warrant to seize the weapons.

Consequences of Violating Penal Code 18100

A Gun Violence Restraining Order is a civil order; however, violating it constitutes a crime.

If a person subject to a GVRO is caught owning, purchasing, or possessing firearms or ammunition, they face severe legal consequences under Penal Code Section 18205:

Criminal Charges: A misdemeanor offense.
Firearms Ban Extension: A conviction automatically results in a mandatory five-year ban on owning or obtaining firearms, starting after the GVRO expires.

Frequently Asked Questions

Does a GVRO give someone a criminal record?

No, applying for and issuing a GVRO is a civil process. However, the order is recorded in the California Restraining and Protective Order System (CARPOS), which flags the person during firearm background checks. If someone violates the order, it becomes a criminal offense.

Can a GVRO order someone to stay away from me?

No. A GVRO only limits access to firearms and ammunition and cannot legally mandate a person to stay away from your home, school, or workplace. If you need personal protection, you must apply for a Domestic Violence Restraining Order (DVRO) or a Civil Harassment Restraining Order.

What happens to the guns when the GVRO expires?

After the court order expires, the restrained individual can request the return of their property. Law enforcement will retrieve the firearms and ammunition once the individual clears a standard California Department of Justice background check and is not legally barred from possessing weapons.

How to Get Legal Assistance

Navigating the court process for a Gun Violence Restraining Order can be emotionally and technically challenging.

Whether you are a family member looking to protect a loved one in crisis or an individual seeking to defend your legal right to bear arms against an unjust petition, consult an experienced California attorney.

A knowledgeable legal team can ensure forms are filed properly, help gather compelling evidence, and provide representation at the mandatory court hearing.

The criminal defense team at Cron, Israels & Stark, based in Los Angeles, is ready to support you. Feel free to schedule a consultation with us today.

Gun Violence Restraining Order