Red Flag Laws: California Gun Violence Restraining Orders (GVRO)

California's "red flag" law is formally the Gun Violence Restraining Order (GVRO). It lets a court temporarily prohibit a person who poses a significant danger from having, owning, buying, or receiving firearms and ammunition. GVROs have been available in California since January 1, 2016 and are codified in the Penal Code beginning at Penal Code 18100.

This page explains how a GVRO works, who can ask for one, the different order types and their durations, and how a GVRO (and related protective orders) affect a person who holds a California carry license.

What a GVRO Does

Under Penal Code 18100, a gun violence restraining order is a court order prohibiting and enjoining a named person from having custody or control of, and from owning, purchasing, possessing, or receiving, any firearms or ammunition while the order is in effect. The statute provides that "ammunition" includes a magazine as defined in Penal Code 16890. The California courts self-help materials describe the prohibition as reaching firearms, firearm parts, ammunition, magazines, and body armor.

A GVRO restricts firearms only. It does not order the restrained person to:

• Stay away from, or stop contacting, another person
• Move out of a shared home
• Stop abuse or harassment

If protection beyond firearm restrictions is needed, a different order (a domestic violence restraining order, civil harassment order, or workplace violence order) may be more appropriate. Those orders carry their own separate firearm prohibitions, described below.

Surrender of Firearms

Once a GVRO is issued and served, the restrained person must give up their firearms and ammunition under Penal Code 18120. If a law enforcement officer serves the order and requests it, surrender must occur immediately. Otherwise, the person must surrender within 24 hours of being served, by turning the firearms and ammunition over to a local law enforcement agency in a safe manner, or by selling or transferring them to a licensed firearms dealer. The restrained person must file proof of surrender with the court (and the serving law enforcement agency, if applicable) within 48 hours.

Types of GVRO

California provides three GVRO mechanisms, each with its own petitioner pool, legal standard, and duration.

1. Temporary Emergency GVRO (Penal Code 18125)

• Who can request it: A law enforcement officer only.
• How it issues: On an ex parte basis. The officer asserts the grounds and a judicial officer makes the finding. These are commonly requested by phone when court is not in session.
• Standard: Reasonable cause to believe the subject poses an immediate and present danger of causing personal injury to self or others by having access to a firearm or ammunition, and that the order is necessary because less restrictive alternatives are inadequate or have been tried and found ineffective.
• Duration: The temporary emergency order expires no later than 21 days from the date it is issued.

2. Ex Parte GVRO (Penal Code 18150)

• Who can request it: A broader group of petitioners. Under Penal Code 18150(a)(1), this includes an immediate family member, an employer, a qualifying coworker (with employer approval and at least one year of substantial regular interaction), a qualifying school employee or teacher (with administrator approval), a law enforcement officer, a roommate, a person in a dating relationship with the subject, and a person who shares a child with the subject. The petitioner pool grew in two stages. AB 61 (Stats. 2019, ch. 725) added employers, qualifying coworkers, and qualifying school employees, effective January 1, 2020. AB 2870 (Stats. 2022, ch. 974) added roommates, dating partners, and additional family and co-parent relationships, effective January 1, 2023.
• Standard: The court may issue the order if there is a substantial likelihood that the subject poses a significant danger, in the near future, of causing personal injury to self or others by having access to a firearm or ammunition, and that the ex parte order is necessary to prevent that injury.
• Duration: The ex parte order remains in effect until the hearing. Under Penal Code 18165, within 21 days after the date on the order the court must hold a hearing to decide whether to issue an order after notice and hearing under Penal Code 18175.

3. GVRO After Notice and Hearing (Penal Code 18170, 18175)

• Who can request it: The same petitioner list as the ex parte order, under Penal Code 18170(a)(1).
• Standard: At the hearing the court must find, by clear and convincing evidence, that the subject poses a significant danger of causing personal injury to self or others by having access to a firearm or ammunition, and that the order is necessary. This is a higher standard than the showing required for an emergency or ex parte order.
• Duration: Under Penal Code 18175, an order issued after notice and hearing lasts from one to five years, subject to termination by further court order. A GVRO may be renewed under Penal Code 18190 for an additional one to five years on the same clear-and-convincing-evidence standard.

Evidence the Court Considers

When ruling on a GVRO petition, the court considers evidence such as specific statements or acts suggesting danger, recent threats or acts of violence, prior protective orders or their violation, reckless use or brandishing of a firearm, history of firearm or ammunition acquisition, and substance abuse history. Witness statements made under oath, police reports, medical records, photographs, and threatening messages may all be submitted. A GVRO can be issued even if the petitioner does not know whether the subject currently possesses firearms, because the order also bars future acquisition.

Service and Proof of Service

If the court issues a temporary or ex parte GVRO, the restrained person must be personally served with a copy of the order. Service may be performed by a person 18 or older who is not the petitioner, and a sheriff or marshal can serve the order at no charge. Proof of personal service (Judicial Council form GV-200) is filed with the court.

Related Protective Orders That Restrict Firearms

A California carry licensee should understand that several other court orders independently prohibit firearm possession, each suspending the practical ability to carry while in effect.

Domestic Violence Restraining Orders (DVROs)

A person subject to a domestic violence protective order may not own, possess, purchase, or receive a firearm or ammunition while the order is in effect, and the court must order the respondent to relinquish firearms and ammunition. Relinquishment timing mirrors the GVRO process: immediately on law enforcement request, or within 24 hours otherwise, with a receipt filed within 48 hours. Family Code 6389 governs this prohibition, the relinquishment procedure, and the return of firearms (generally within five days after the relinquishment order expires, subject to exceptions). A temporary DVRO typically lasts until the hearing (commonly on the order of three weeks), and a DVRO issued after hearing can last up to five years. Federal law independently bars firearm possession by persons subject to a qualifying domestic-violence order under 18 U.S.C. 922(g)(8).

Criminal Protective Orders (CPOs)

Issued during or after criminal proceedings, a criminal protective order prohibits firearm and ammunition possession while in effect and can extend years beyond the underlying case. Proposition 63 (passed November 2016) strengthened relinquishment and compliance verification for persons convicted of firearm-prohibiting offenses, including requirements that the defendant show proof of sale or transfer of firearms and that probation officers and courts verify compliance.

Other Civil Protective Orders

The following also prohibit firearm and ammunition possession while in effect:

• Civil harassment restraining orders
• Workplace violence restraining orders
• Private postsecondary school violence restraining orders
• Elder or dependent adult abuse protective orders (except cases solely involving financial abuse)
• Emergency protective orders, including those issued for stalking

Impact on California Carry License Holders

A California carry license does not override a firearms-prohibiting order. A person subject to a GVRO, DVRO, criminal protective order, or other qualifying protective order is prohibited from possessing firearms, which suspends the ability to lawfully carry for the duration of the order. A protective order also bears on license eligibility itself: the carry-licensing scheme revised by SB 2 (2023) treats certain protective orders and disqualifying conduct as bars to issuance.

California carry licensees should separately be aware that SB 2 added a long list of "sensitive places" where a licensee may not carry, at Penal Code 26230 (effective January 1, 2024). That statute was challenged in May v. Bonta and Carralero v. Bonta. A federal district court issued a preliminary injunction on December 20, 2023, but the U.S. Court of Appeals for the Ninth Circuit reversed that injunction in large part, with its mandate taking effect January 23, 2025. As a result, about 20 of the 26 sensitive-place categories are currently enforceable. Six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (26230(a)(7)), public transit (a)(8), permitted public gatherings and special events (a)(10), places of worship (a)(22), financial institutions (a)(23), and the default rule barring carry in privately owned commercial establishments open to the public unless a sign is posted (a)(26). The other categories, such as bars and businesses serving alcohol, playgrounds and youth centers, parks and athletic areas, casinos, stadiums and arenas, libraries, airports, amusement parks, zoos and museums, and law enforcement stations, are in effect. Verify the current enforceable status before relying on any particular location restriction.

State Records Systems

When a protective order issues, it is entered into state and federal databases used to identify prohibited persons. The California Department of Justice maintains firearm transaction and carry-license records under Penal Code 11106, where the Attorney General is required to keep and file copies of carry licenses and to maintain a registry of reported firearms; the system the DOJ operates for this purpose is the Automated Firearms System (AFS). Protective orders are tracked in the California Restraining and Protective Order System (CARPOS) and reported to the federal NCIC files.

The DOJ also operates the Armed and Prohibited Persons System (APPS), which cross-references firearm ownership records against prohibiting events, including GVROs and other protective orders, to identify people who possess firearms but are legally barred from doing so. APPS activity is reported by the DOJ in annual reports.

Recent Developments

• The GVRO petitioner pool was broadened in two stages beyond the original immediate family and law enforcement. AB 61 (Stats. 2019, ch. 725) added employers, qualifying coworkers, and qualifying school employees, effective January 1, 2020. AB 2870 (Stats. 2022, ch. 974) added roommates, dating partners, and additional family and co-parent relationships, effective January 1, 2023 (Penal Code 18150 and 18170).
• The DOJ has issued information bulletins updating how restraining orders and GVROs are tracked in CARPOS and reported to the NCIC.
• The sensitive-place limits under SB 2 and Penal Code 26230 were partly enjoined in December 2023, but the Ninth Circuit reversed that injunction in large part effective January 23, 2025. Twenty of the 26 categories are now enforceable and six remain enjoined. Verify the current status before relying on any contested provision.

Federal Context

In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding that the disability survives the historical-tradition test of New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling Supreme Court authority on firearm disabilities tied to domestic-violence findings, and it informs how courts evaluate state red-flag and protective-order frameworks that operate alongside the federal Section 922(g)(8) prohibitor.

Resources

• California Attorney General, Office of Gun Violence Prevention: oag.ca.gov/ogvp
• California Courts self-help guide on gun violence restraining orders: selfhelp.courts.ca.gov/GV-restraining-order
• GVRO petition forms (GV-100 series) through the Judicial Council of California
• Your local superior court self-help center for free filing assistance

This page is general information, not legal advice. Firearm and protective-order law in California changes frequently and several provisions are in active litigation. Confirm current requirements with the issuing court, the California Department of Justice, or a qualified California attorney before acting.