Policy Text
Field & Investigative Servi ces Page 1 of 7 8/01 (NEW 7/19)
OPERATIONS ORDER
Gun Violence Restraining Orders
The purpose of this order is to p rovide a protocol for departme ntal personnel to follow
when seeking Gun Violence Re straining Orders (GVRO).
I. General
Assembly Bill (AB) 1014, establis hing the Gun Violence Restrain ing Order went
into effect on January 1, 2016. T his law commenc ing with Penal Code sections
18100 through 18205, provides law enf orcement office rs or famil y members the
right to petition the court for G un Violence Restraining Orders against a person
believed to be a threat t o him/herself or others.
Gun Violence Restraining Order s are not intended to supplant se izing firearms
under the provisions of Welfare & Institutions code 8102, as ev idence of a crime
pursuant to legal search authority, or while a valid protective order is in effect.
The GVRO is a means of providing the officer with a tool to enh ance authority in
the field with regard to securi ng the peace of the community.
II. Types of Gun Violence Restraining Orders
A. Temporary Emergency Gun Vi olence Restraining Order
1. Can only be sought by a law enf orcement officer. (Pen. Code, §
18125)
B. Ex Parte Gun Violenc e Restraining Order
1. Can be sought by a law enforcement officer or immediate fami ly
member. (Pen. Code, § 18150)
a. Immediate family member includes:
(1) Spouse or domestic partner;
(2) Parents, children, siblings, grandparents, and
grandchildren and their spouses, including any
stepparent or step-grandparent;
(3) Spouse’s parents, child ren (and/or stepchildren),
siblings, grandparents , and grandchildren;
Field & Investigative Servi ces Page 2 of 7 8/01 (NEW 7/19) (4) Any other person who regularly resides in the
household, or who, within the past six months, regularly resided in the household.
III. Temporary Emergency Gun Violence Restraining Order
A. General
1. To obtain a tempor ary emergency gun violen ce restraining ord er
the courts must find:
a. That the subject of the petition poses an immediate and
present danger of causing personal injury to himself,
herself, or another by having in h is or her custody or control,
owning, purchasing, possessing, o r receiving a firearm; and
b. The order is necessary to pre vent personal injury to the
subject of the petition or anot her because less restrictive
alternatives have been tried and found to be ineffective, or
have been determined to be i nadequate or inappropriate for
the circumstances of the s ubject of the petition.
B. Procedure
1. Complete Gun Violence Rest raining Order Form CV/E-207.
2. During Business hours (0830-1600 hours).
a. Respond to Gordon D. Schab er Courthouse located at 720
9th Street Sacramento Ca.
b. Speak to the clerk at window 14 and advise you are seeking
a Temporary Emergency Gun Violence Restraining Order.
c. Present the facts of the ca se to the judicial officer and
describe the number, types, and locations of any firearms, ammunition, or magazines prese ntly believed to be in the
possession or control of the subject of the requested restraining order.
d. If the GVRO is granted, office rs will serve the restrained
party with a copy of the CV/E-207 form.
3. After Hours (1600-0830 hours).
a. Contact the County Operat or at 916-875-6900 and request
to speak to the on-call judge.
Field & Investigative Servi ces Page 3 of 7 8/01 (NEW 7/19) b. Present the facts of t he case to the on-call judge and
describe the number, type(s) , and location(s) of any
firearms, ammunition, or magazi nes presently believed to be
in the possession or control o f the subject of the requested
restraining order.
c. If the GVRO is granted, office rs will complete the form and
serve the restrained party with a copy of the CV/E-207 form.
C. Service of the GVRO
1. Officers shall provide the re strained party with a copy of t he GVRO
and advise them of t heir court date.
2. Officers shall ask the restra ined person if he or she has an y
firearms, ammunition, or magazi nes in his or her possession or
under his or her custody or control .
3. When seizing firearms, ammuni tion, or magazines, a property
receipt shall be completed for t he items collected, and a copy of the
receipt shall be provided to the re strained party immediately. When
completing the firearms property receipt, include identifying
information on the fire arm (e.g., make, model, and caliber).
4. Book all firearms, ammunition , or magazines in relation to a GVRO
for safekeeping. Write ‘GVRO ’ under the authorit y section on t he
property sheet and also across th e main page of the property
sheet.
5. Officers must email a copy o f the GVRO and proof of service to
GVRO@sacsheriff.com as soon as p racticable but no later than th e
end of their shift to ensure t hat