Thursday, November 21, 2024


Gun Violence Restraining Order

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What is a Firearms Emergency Protective Order?

A Firearms Emergency Protective Order is issued by a judge at the request of a law enforcement officer when a person poses a significant danger of personal injury to himself, herself or another. The emergency protective order prohibits the restrained person from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition. Usually the law enforcement officer has been called out to a person's residence for a disturbance. If the officer feels an emergency protective order is necessary, then the officer will contact the court to speak to a judicial officer. If a Firearms Emergency Protective Order is issued, the protective order is only temporary and lasts up to 21 calendar days.

Within 24 hours of receipt of a Firearms Emergency Protective Order the restrained person must turn in their firearms to a law enforcement agency or sell them to or store them with a licensed firearms dealer until the expiration of the order. Within 48 hours of receipt of the emergency protective order the restrained person must file a receipt with the court proving surrender, sale, or storage. In Sacramento County, the receipt is filed at the Civil Front Counter - Window 10 in Room 102 of the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, CA 95814. The hours of operation are 8:30 a.m. to 4:00 p.m., Monday through Friday.

What is a Gun Violence Restraining Order?

Under California Penal Code Section 18150 - external link a Gun Violence Restraining Order can prohibit an individual who poses a significant danger of self-injury or injuring another from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition.

The following people can request a Gun Violence Restraining Order against an individual:

  • An immediate family member.
  • An employer.
  • A coworker, if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer.
  • An employee or teacher of a secondary or postsecondary school that the subject has attended in the last six months, if the employee or teacher has obtained the approval of a school administrator or a school administration staff member with a supervisorial role.
  • A law enforcement officer.
  • A roommate.
  • An individual who has a dating relationship with the subject.
  • An individual who has a child in common with the subject, if they have had substantial and regular interactions with the subject for at least one year.

The Judicial Council provides an information sheet, Can a Gun Violence Restraining Order Help Me?, - external link that describes court orders requesting parties can get and how to obtain them. The instructions do not cover all of the problems and questions that may arise in a particular case. If you are not clear on how to protect your rights, you should consult an attorney. If you cannot afford an attorney, Civil Self-Help Services can provide legal information.

Additional information about Gun Violence Restraining Orders can be found on the California Courts' Website - external link.

Where do I file?

File Your Forms at the Courthouse:

Completed forms can be filed in person at the Civil Front Counter - Window 10 in Room 102 of the Gordon D.Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, CA 95814. The hours of operation are 8:30 a.m. to 4:00 p.m., Monday through Friday.

One (1) original and one (1) copy of all documents are required at the time of filing.

File Your Forms Online:

The eDelivery system is used to electronically submit Gun Violence Restraining Order paperwork to the Court and save you a trip to the courthouse.

Completed forms must be filed Monday through Friday, excluding Court holidays, no later than 11:30 a.m. to be considered and receive a response at 4:00 p.m. the same day. Forms submitted after 11:30 a.m. are ready the next business day at 4:00 p.m.

Steps to file your forms through the eDelivery system:

  1. Complete forms (type or hand-written);
  2. Print the forms;
  3. Sign the forms;
  4. Scan the forms;
  5. Create an account on the public case access system if you do not have one, or log in with an existing account.
  6. Follow the instructions on the eDelivery page to submit your forms. Once the documents have been successfully uploaded, you will see a page that displays a confirmation number and date from the system.
  7. Once the forms are processed, you will receive endorsed copies by email, in person at the courthouse, or through the US Mail, depending on your selection.

When will I get a response from the Court?

If your forms are completed and filed by 11:30 a.m. you will receive your Order at 4:00 p.m. the same day. If the forms are filed after 11:30 a.m., then the Order will be ready for pick up after 4:00 p.m. the next court business day. The forms will be returned to you in the 1st Floor Lobby outside of Room 102 at the Gordon D. Schaber Sacramento County Courthouse, 720 9th Street, Sacramento, CA 95814, or in the matter selected in the eDelivery system. In most cases, a hearing will be set within 21 days for you and the other party.

NOTE: The Restraining Order is not active or enforceable until the respondent is properly served.

How to get the other party served?

If the party you are serving lives or works in Sacramento County, the Sheriff's Civil Bureau - external link can serve the documents to the other party. They are located at 2969 Prospect Park Drive, Suite 200, Rancho Cordova, CA 95670. If the person to be served lives and works outside of Sacramento County, contact the Sheriff's Office of that county for help. Be sure to contact them promptly so they will have enough time to serve the respondent before the scheduled hearing date.

If you prefer, someone you know can serve a copy of the order to the respondent. The server must be over 18 and not be one of the parties protected by the restraining order. Once service is complete, the person who served the papers must complete a Proof of Personal Service (GV-200) - external link.

For more information and the necessary forms, see the Gun Violence Restraining Order: Instructions on Service (Step 2) Packet (CV\E-GV-02).

What if I can't get the restraining order served in time for the hearing or I need a continuance?

You can ask the court to "continue" the hearing on your Gun Violence Restraining Order to another date. To request a new hearing date, you will need to file a Request to Continue Court Hearing for Gun Violence Restraining Order - external link (GV-115) and an Order for Continuance and Notice of New Hearing Date - external link (GV-116). The forms must be completed and filed, along with a copy of your Temporary Gun Violence Restraining Order (GV-110), by 11:30 a.m. on the last court day before your scheduled hearing date. You may also orally request a continuance in court during your hearing.

If your request for continuance is granted, a new hearing date will be set and your Temporary Gun Violence Restraining Order will be extended to the new hearing date. You will need to properly serve the respondent to activate the Restraining Order.

For more information and the necessary forms, see the Request to Continue Court Hearing for Gun Violence Restraining Order Packet (CV\E-GV-03).