The California Chapters of the Brady Campaign to
NEW GUN VIOLENCE RESTRAINING ORDER LAW WILL SAVE LIVES
On January 1, 2016, an important gun law will go into effect in California. This new law establishes a process
to allow law enforcement and immediate family members to petition the court to obtain a Gun Violence
Restraining Order when a person is at risk of injury to self or others by having a firearm. The order would
temporarily prohibit the purchase or possession of firearms while the order is in effect.
Who may be subject to a Gun Violence Restraining Order?
There are many people who may be at risk of injury to self or others by having a firearm but do not have a
firearm prohibition. Heightened anger or hate, despondence, substance abuse, or a mental or emotional crises
combined with access to firearms can be a deadly combination. Family members often know when a loved one
is at severe risk of harming him or herself or others and law enforcement encounter people that they know are
dangerous, but until now they had no legal means to initiate a firearm prohibition.
The Gun Violence Restraining Order provides a way to prevent homicide,
suicide, and mass shootings by removing firearms before a tragedy occurs.
How can a Gun Violence Restraining Order be obtained?
After January 1, 2016, an immediate family member or a law enforcement officer will be able to initiate the
court process by filling out forms that will be available on the internet or at the local courthouse or county law
library. The petitioner must go to the superior court in the county where the person to be restrained lives and
give the completed forms to the clerk of the court. The clerk will assign the petitioner a hearing date. The
person to be restrained must receive notice of the hearing. At the hearing, a judge will decide whether to make
an order for a firearm and ammunition prohibition that will last for one year.
What if the situation is dangerous or urgent?
Any person may contact law enforcement, who can petition immediately for an Emergency Temporary Gun
Violence Restraining Order that lasts for 21 days. Additionally, family members or law enforcement can
request a Temporary Gun Violence Restraining Order, whereby the court will decide within 24 hours whether to
grant the order. This order would be based only on the facts in the petition and the firearm and ammunition
prohibition would be effective right away. If the order is granted, it would be in effect until the noticed hearing,
which must be scheduled within 21 days. The person being restrained must be “served” (given) a copy of the
order.
If a person subject to a Gun Violence Restraining Order fails to relinquish their guns and ammunition, law
enforcement could get a warrant to remove the weapons.
Other states with similar legal tools have found that most orders were in response to a threat
of suicide. Domestic violence, murder/suicide, and murder threats were other reasons for
seeking the order. Prohibiting access to firearms in these situations will save lives.
CALIFORNIA CHAPTERS OF THE BRADY CAMPAIGN TO PREVENT GUN VIOLENCE

www.bradycampaign.org/CA