Policy Text
Roll Call Training Bulletin
Produced by: SPD Professional Standards Unit
Prepared by: Rosalia Cabrera Daniel Hahn, Chief of Police
Volume 70
1
August 6 , 2019
ASSEMBLY BILL 2526 : Temporary Emergency Gun Violence Restraining Order
SUMMARY :
Assembly Bill 2526 took effect on January 1, 2019 , and requires that a law enforcement officer who
petitions the court for a temporary emergency gun violence restraining order (GVRO) sign a
declaration , which cites his/her statements to the judicial officer , under penalty of perjury, and
document the judicial officer’s order on the appropriate form. A temp orary emergency GVRO may be
obtained in writing , if time and circumstances permit ; however, a judicial officer is authorized to orally
issue a temporary emergency GVRO based on oral statements of the law enforcement officer .
HISTORY:
Assembly Bill 1014 took effect on January 1, 2016, and establis hed the GVRO process in the first
instance . This law enables a law enforcement officer or immediate family member to petition the court
for a GVRO against a person who presents a threat to him/herself or another . If a petition for a
temporary GVRO is granted , the restrained person is prohibited from having in his/her custody or
control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, any
firearm or ammunition for up to 21 days. The court will subsequently determine whether to issue a
long-term GVRO that could remain in effect up to one year .
The three types of GVRO that may be available include the following :
1. Temporary emergency GVR
2. Ex parte GVRO
3. GVRO issued after notice and a hearing .
1. TEMPORARY EMERGENCY GUN VIOLENCE RESTRAI NING ORDER (MOST COMMON) – A
law enforcement officer may petition the court for a temporary emergency GVRO to prevent a
person who poses an IMMEDIATE AND PRESENT DANGER OF PERSONAL INJURY TO
HIM/HERSELF OR ANOTHER from having in his/her custody and control, owning, purchasing,
possessing, receiving, or attempting to purchase or receive a firearm or ammunition.
A. Who may petition the court for a temporary emergency GVRO?
• Only a law enforcement officer may petition the court for a temporary emergency
GVRO .
B. What is the burden of proof?
• The petitioning officer must establish reasonable cause to believe that (1) the person
to be restrained poses an immediate and present danger to him/herself or another
by having in his/her custody or control, owning, purchasing, possess ing, or receiving
a firearm or ammunition , and that (2) the temporary emergency GVRO is necessary ,
either because less restrictive alternatives have been tried and found to be
Roll Call Training Bulletin
Produced by: SPD Professional Standards Unit
Prepared by: Rosalia Cabrera Daniel Hahn, Chief of Police
Volume 70
2
ineffective , or have been deemed inadequate or inappropriate under the
circumsta nces .
C. What is the process to petition the court for a temporary emergency GVRO?
(1) Completing a petition for temporary emergency GVRO ( CV/E -207) in the field is similar
to completing a request for domestic violence emergency protective order (EPO -001).
(A Word document may be attached to the CV/E -207 if the narrative portion of the form
cannot accommodate all information that must be cited ).
• To petition the court for a temporary emergency GVRO during business hours (8:30
am-4:00 pm) or after hours (after 4:00 pm) contact the county operator at (916) 875-
6900 and request to speak with the on -call Judge .
• If a Judge is unable via phone the officer w ill need to r espond to the Gordon D.
Schaber Courthouse located at 720 9th Street, 1st Floor Rm. 102, Window #14 to
have a Court staff member escort the Officer to the Presiding Judge who will review
and rule on the request for a Temporary GVRO.
• Present the judicial officer with the facts of the call for service . The petitioning o fficer
must describe the number, ty pe, and location of any firearms and/or ammunition
believed to be in the possession or under the control of the person to be restrained.
• If the on -call Judge finds reasonable cause to issue a temporary emergency GVRO ,
the officer must complete the CV/E -207 and serve the pink copy on the restrained
person.
o The officer must ensure that the restrained person is properly served and
provided notice of the hearing dat e, which must be on a Friday within 21 calendar
days. All hearings are heard in Department 47 on the 8:30 a.m. calendar .
▪ Court Liaison will schedule and notify the petitioning officer about the
court date .
• The officer must HAND -DELIVER t he remaining white and yellow copies to the
Records Division prior to the end of his/her shift to ensure that the t emporary
emergency GVRO is immediately entered into the California Restraining and
Protective Order System (CARPOS).
• Within 48 hours of issuance, Records Division personnel must HAND -DELIVER the
original CV/E -207 to the court’s Civil F