Gun Violence Restraining Orders

What is a Gun Violence Restraining Order? Simply put, it is a court order authorizing the immediate seizure of firearms from any firearm owner that the court determines is a threat to himself or others. A GVRO is conceptually similar to domestic-violence restraining orders. 

California enacted a GVRO statute that took effect on Jan. 1, 2016. A full discussion and definition is found at the official web site of the California Courts system. Briefly,

A firearms restraining order is a court order that prohibits someone from having a gun or ammunition.

It can order someone to:

• Not have a gun or ammunition; 

• Not buy a gun or ammunition; and 

• Turn in any guns and ammunition to the police, sell them to or store them with a licensed gun dealer.

You can ask for a firearms restraining order against a close family member if you are afraid they may hurt themselves, or another person, with a gun.

The initial GVRO is temporary because it does not require the person concerned even to be informed of the action. But it has effect for only 21 days, during which time a full hearing must be held with the person concerned having the opportunity to present his case. The order may be extended at that hearing for one year, with one-year renewals if the family member requests them. The subject person of the order may bring a challenge at any time.

The National Rifle Association this month called on Congress to provide funding for states to adopt so-called “risk protection orders,” another term for the gun-violence restraining order. Chris W. Cox, an NRA spokesman, put it this way on March 14.


A year ago, the Washington Post covered one Connecticut case in detail; it ended at the first hearing thus:

The judge looked again at McGuire’s file. He had no history of violence. He had admitted making a threat, but now he said the threat had passed.

“The guns are to be returned immediately to John McGuire,” the court ruled, and a few minutes later Norris called McGuire to tell him. He said it was the best news of his year. He said he would once again feel whole and safe. “I can finally calm down and breathe,” he said, and a few days later he was carrying 81 guns back up the long driveway and into his house.

Due process is part of the law. By far, as the WaPo discusses, most of the lives saved will be the subject person's own, but this law, now in effect in Florida, would almost certainly have prevented the Parkland massacre.

See also: "Secret Service on school shootings, and the range of government failures"