26-029 Gun Violence Restraining Order (GVRO)

The purpose of this notice is to define Gun Violence Restraining Orders (GVRO) and to establish guidelines on how to obtain and serve them. GVROs are intended to address “red flags,” or heightened risk factors for gun violence, including psychiatric treatment, violent behavior, threats, and gun ownership. GVROs enable law enforcement or family members to act against a potential safety threat solely on the basis of “red flags.”

Law enforcement is not required to seek a GVRO. However, an approved gun violence restraining order permits law enforcement to seize firearms and ammunition from a subject and prohibits the subject from possessing or purchasing firearms or ammunition for 21-days or, after a hearing, one to five years.

Types of GVROs

1. Temporary (Emergency) GVRO (Law Enforcement Only – on scene, subject detained, or during investigation)
   1. Officer calls duty judge
   2. Articulates facts showing that there is REASONABLE CAUSE to believe that:
      1. subject of the GVRO poses an immediate and present danger of causing personal injury to themselves or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm; and
      2. a temporary (emergency) GVRO is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried or found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
   3. Valid: 21-days or less, until a hearing
   4. This is the MOST efficient option for law enforcement.
2. Ex-Parte GVRO (Law Enforcement/Family or Household Member - during investigation)
   1. Contact Crime Gun Investigations Center (CGIC) to refer GVRO request to the Office of the City Attorney
   2. Office of the City Attorney works with investigating officer to obtain ex-parte GVRO
   3. Court pleadings articulate facts that there is a SUBSTANTIAL LIKELIHOOD that the subject of the GVRO poses a significant danger of harm to themselves or another in the future by having in their custody or control, owning, purchasing, possessing, or receiving a firearm and that the order is necessary to prevent injury to themselves or another.
   4. Valid:  21-days or less, until hearing

After a Temporary (Emergency) or Ex Parte-GVRO is granted, the subject is prohibited from having in their custody or control, owning, purchasing, possessing, or receiving a firearm for 21 days AND law enforcement receives an automatic hearing for a permanent GVRO (one to five year ban with renewal possible).

3. Permanent GVRO After Hearing (Office of the City Attorney represents SFPD at hearing with reporting officer as witness)
   1. Standard: Prove by clear and convincing evidence, that:
      1. the subject of the petition, or a person subject to an ex-parte GVRO, poses a significant danger of causing personal injury to themsevles or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
      2. A GVRO is necessary to prevent personal injury to the subject of the petition, or the person subject to an ex parte GVRO, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an ex parte GVRO.

The granting of a "Permanent GVRO After Hearing", prohibits the subject from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for one to five years, which can be renewed. 

Examples of when GVROs Should Be Considered

• Family members are concerned that their elderly father who has been showing signs of dementia has firearms accessible in the house. They are worried for their mother and want to know what options they have to remove the firearms from the home.
• A subject who legally owns firearms, but recklessly discharges them in their backyard, endangering their neighbors.
• A subject who legally possesses firearms and who has recently displayed signs of mental health issues, but does not meet 5150 criteria or is discharged prior to 5152 W&I hold.
• Subject makes school shooting threat on social media.

Obtaining a Temporary (Emergency) GVRO

• Assess the incident(s) for articulable elements relevant to foreseeable gun violence and emergency nature.
• Interview all appropriate parties.
• Query the subject for firearms ownership.
• Contact a Duty Judge in accordance with DN 26-027 (Obtaining Emergency Protective Orders).
• Complete the GVRO Emergency Protective Order Form (EPO-002) located in the SFPD Forms folder under “GVRO.”
• Document all actions in an incident report including the elements required for a temporary GVRO.
• Ensure the incident report is titled appropriately in the primary or secondary section of the report.
• E-mail a copy of the report and a copy of the Emergency GVRO to [Redacted][Redacted].

Obtaining an Ex-Parte GVRO

• Assess incident(s) for articulable elements relevant to foreseeable gun violence.
• Gather all reports and other supporting documentation and forward to CGIC via FAX to [Redacted]. Additionally, an email shall be sent to [Redacted][Redacted] notifying CGIC personnel of the Ex-Parte GVRO request including any associated case number(s).
• CGIC will email the City Attorney's Office for GVRO application and court issuance.

Service of the Order and Surrender of Firearms/Ammunition

• Serve the GVRO upon the suspect and fill out the proof of service on the GVRO Emergency Protective Order Form (EPO-002).
• Officers serving a GVRO shall request that all firearms and ammunition (including magazines) be immediately surrendered.
• If a subject refuses to comply with the order, a search warrant can be obtained to enter the premises and collect the firearms. If officers are unable to detain the subject and/or freeze the premises in a safe manner, steps should be taken to monitor the scene pending the issuance of the search warrant. In these cases, notify the district station OIC and absent exigent circumstances, no entry shall be made prior to the approval of the appropriate Search Warrant Matrix and Operations Plan.
  • During General Work working hours, General Work shall be responsible for authoring non-Domestic Violence GVRO related search warrants when necessary. When General Work is unavailable, and on weekends, it shall be the responsibility of the Strategic Investigations Unit (SIU), who should be contacted via the Department Operations Center. Strategic Investigations will respond to the incident where they shall be briefed on all aspects of the service of the order.
• A property receipt (SFPD 315) or search warrant return must be issued to the subject surrendering the firearms and ammunition.
• Book all firearms and ammunition as "Property for Safekeeping" when the Subject is not booked for any firearms related charges.
• Completed forms shall be forwarded to ID Bureau as soon as practical for entry into the California Restraining and Protective Order System. The original proof of service form shall be booked as evidence and a copy be placed in Department mail addressed to CGIC.
• Prepare an incident report and title the report utilizing the following incident codes as appropriate:
  • 15164 - Gun Violence Restraining Order
  • 15165 - Gun Violence Restraining Order Violation

To ensure proper and timely filing, the incident report, any supporting documents, and copy of the GVRO shall be forwarded to CGIC via e-mail to [Redacted] at the completion of the report or the end of watch. If you do not receive confirmation of e-mail receipt within 24 hours, please contact CGIC at [Redacted] or [Redacted]. 

• CGIC will file GVRO forms with the Courts and provide copies of the GVRO forms, related incident reports, documents, and photographs to the Office of the City Attorney.
• CGIC shall provide all support necessary for the Office of the City Attorney to evaluate whether to seek the permanent GVRO.

Violation of GVRO

• 18205 PC - Every person who owns or possesses a firearm or ammunition with knowledge that they are prohibited by a GVRO is guilty of a misdemeanor AND will be subject to a five-year ban from owning or possessing firearms or ammunition.

Return of Firearms and Ammunition

• Return of seized firearms and ammunition pursuant to a GVRO are subject to protocols established in Investigations Bureau Order 26-02 Disposition of Evidence and Property.

Direct questions regarding Gun Violence Restraining Orders to the Crime Gun Investigations Center at [Redacted], [Redacted] or [Redacted].

**It should be noted that this Department Notice does NOT affect Domestic Violence and 5150 firearms seizure related protocols already in place.**

/s/
DERRICK J. LEW
Chief of Police