Policy Text
DEPARTMENTAL GENERAL ORDER
E-08: Gun Violence Restraining Orders
Effective Date: 19 NOV 24 Coordinator: Special Operations Section
This policy establishes guidelines for requesting and/or enforcing Gun Violence
Restraining Orders (GVROs). The Oakland Po lice Department (OPD) partners with the
City Attorney’s Office to pr epare the court papers necessa ry to obtain GVROs. A GVRO
is a court order that allows law enforcemen t to remove firearms possessed by individuals
who pose a significant danger of harmi ng themselves or others and does not require a
showing that the individuals have engaged in any criminal activity. A GVRO authorizes
officers to temporarily remove firearms from th eir owners for a period of one to five years
under order of the court.
The types of situations in which officers should consider seeking a GVRO include but are
not limited to:
Domestic violence situations
Situations in which firear m owners appear to be su ffering from serious mental
health conditions and pose a thr eat to themselves or others;
Situations in which firearm owners appear to be suicidal; and
Situations in which an individual make s credible threats of violence against
others, such as threats to carry out shootings at schools, workplaces, etc.
GVROs are important tools in preventing gun violence, as th ey allow the Oakland Police
Department to intervene when someone lacks co ping skills or is othe rwise unable to regulate
their behavior and a tragedy is possible. GVROs can be used to temporarily remove firearms
from individuals.
This policy aligns with Califor nia state law Penal Code 18109(A) and shall be followed as
required under the foll owing provision.
18109. (a) This division does not require a law enforcement ag ency or a law enforcement
officer to seek a gun violence restraining order in any case, including, but not limited to, in a
case in which the agency or officer concludes, after investigation, th at the criteria for
issuance of a gun violence restrain ing order are not satisfied.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT E-08 Effective Date
19 NOV 24
Page 2 of 9
A. DEFINITIONS
A - 1. Gun Violence Restraining Order (GVRO)
An order prohibiting and enjoining a named person from having in their
custody or control, owning, purchasing, possessing, or receiving any firearms
or ammunition. Penal Code § 18100. To obtain a GVRO, law enforcement
must show that:
The subject of the petition poses a signi ficant danger, in the near future, of
causing personal injury to the subject of the petition or another by having
in their custody or control, owning, purchasing, possessing, or receiving a
firearm
A Gun Violence Restraining Order is n ecessary to prevent personal injury
to the subject of the petition or anothe r because less restrictive alternatives
either have been tried and found to be ineffective or ar e inadequate or
inappropriate for the ci rcumstances of the su bject of the petition.
There are three types of GVROs: 1. Gun Violence Emergency Protective
Order, 2. Temporary Gu n Violence Restraining Or der, 3. Permanent Gun
Violence Restraining Order.
A - 2. Gun Violence Emergency Protective Order (GVEPO)
A temporary emergency rest raining order requested by OPD that prevents a
subject from having access to firear ms and ammunition. Penal Code § 18125.
GVEPOs are obtained telephonically when th e court is not in session. (Section
C)
A - 3. Temporary Gun Violence Restraining Order (TGVRO)
Is a twenty-one-day ex-parte restra ining order requested by OPD with the
intention to prevent a person’s access to firearms and ammunition until there
is a hearing to obtain a Permanent G un Violence Restraining Order (PGVRO).
Penal Code § 18150. (Section D)
A - 4. Permanent Gun Violence Re straining Order (PGVRO)
A renewable court order enjoini ng a subject from possessing, owning,
purchasing, or receiving firearms and a mmunition for a period of up to five
years. Penal Code § 18170. A PGVRO is typically granted when a TGVRO or
GVEPO is upheld by a judicial of ficer after a formal hearing.
A - 5. Respondent
The person against whom a GVRO is sought.
B. Gun Violence Restraining Order (GVRO) Standard Procedure
Officers and Supervisors are encouraged to contact OPD’s GVRO Case Coordinator
(designee) by e-mail (GVRO@oaklandca.gov) when they believe circumstances may
call for a GVRO. Officers and supervisors do not need to be certain that a particular
situation calls for a GVRO. That determina tion is a legal one that will ultimately be
made by the City Attorney’s Office.
DEPARTMENTAL GENERAL ORDER
OAKLAND POLICE DEPARTMENT E-08 Effective Date
19 NOV 24
Page 3 of 9
B - 1. You should consult with the GVRO Case Coordinator or his/her designee about
obtaining a GVRO in the circumstances described below as well as other
circumstances in which a gun owner presents a risk of harm to themselves or
others:
A person is threatening suicide or is exhibiting significant suicidal
ideation