Emergency Gun Violence Restraining Orders (GVRO) RPDPS
GUN VIOLENCE RESTRAINING EMERGENCY GVRO FOR PATROL ORDERS (GVRO)
Introduction
Penal Code Section 18100
A court order restricting a person from
-Taking custody of,
-Controlling,
-Possessing,
-Purchasing, or
-Receiving firearms and ammunition.
(Ammunition includes magazine "any feeding device")
Introduction
Penal Code Section 18100
Temporary (Emergency) GVRO
Law Enforcement Only
Ex Parte GVRO
Law Enforcement or Immediate Family
Permanent GVRO
Law Enforcement or Immediate Family
INTRODUCTION
40% Family Violence Stalking
25% Some form of substance abuse
25% Threats of suicide
Mental Healt Issues- Dementia and PTSD
Any threat- Workplace or school threats
Social media, threats of violence or by minors
GVRO Advantages
A gun violence restraining order (GVRO) allows law enforcement to proactively address firearm violence by removing a firearm from an unstable or dangerous indivudal.
Who can conduct a GVRO hearing?
City Attorney?
Police?
EMERGENCY/TEMPORARY GVRO
Temporary GVRO (EPO-002)
What is a Temporary/ Emergency GVRO?
Penal Code Section 18125
Firearms emergency protective order
Immediate and present danger
Hearing date and expiration set 21 days out
Use "EPC-002" form
Temporary GVRO (EPO-002)
Temporary GVRO (EPO-002)
Authority & Procedures
PC 18145 - Legal authority for the EPO
Court required to assign after hours judge (PC18145(B))
How do I actually file an Emergency GVRO
When?
During the contact on scene
Temporary GVRO (EPO-002)
Scene is code 4
Call the EPO judge
Requested orally
Sign the EPO- 002, reciting the oral statements provided to the judge and the judge's order
Serve the order on the restrained person
May have to get a search warrant to seize guns
File a copy of the order with the court as soon as practicable (Detectives will handle)
Enter order into DOJ database (dispatch)
Cite PC 18100, 18125, 18140, and 18145 if necessary
How do I actually file an Emergency GVRO
How?
You have to articulate that subject poses an immediate and present danger to himself or others
How do I actually file an Emergency GVRO?
How?
1. Call judge, fill out EPO-002
2. Serve EPO-002 on the subject while on scene
3. Request immediate surrender of firearms/ sw if necessary
4. File the order with the court as soon as practicable (PC 18140(c))
Detectives will handle the filing
5. Enter the order into the computer database maintained by DOJ
Send to dispatch to enter
6. Complete GV-130 "Firearms restraining order after hearing"
How Do I actually file an emergency GVRO?
There is no hearing date set on the EPO-002. So what happens now?
1. Court will send officer (petitioner) and respondent notice of the hearing.
2. Petitioner (or legal counsel) must show up or case is dismissed and temporary order expires.
3. If petitioner shows up and respondent doesn't, service is presumed by the court and the hearing proceeds
How do I conduct a GVRO hearing after an EPO-002 Emergency GVRO filing?
Step 1: Show up
Step 2: Bring all of the following completed forms:
If hearing proceeds:
GV-130 "Firearms restraining order after hearing"
Officer must complete during report writing
If hearing is continued:
GV-115 Request to continue court hearing for "firearms restraining order"
GV-116 Order for continuance and notice of a new hearing date
GV-009 Notice of court hearing
GV-110 Temporary firearms restraining order
ANY QUESTIONS