“Reg Flag” California law, also known as Extreme Risk Protection Order laws, is a gun control law that was recently signed in 2019 and came into effect on January 1, 2020. Red flag laws permit courts to temporarily remove firearms from the possession of anyone who may present a danger to others or themselves. Further, it allows family members and law enforcement to petition authorities to seize or restrict owning firearms from individuals who are deemed to pose danger or a threat.
Currently, 18 states have implemented red flag laws:
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Hawaii
- Illinois
- Indiana
- Maryland
- Massachusetts
- Nevada
- New jersey
- New york
- Oregon
- Rhode island
- Vermont
- Washington
Who Can Place a “Red Flag” In California
In California, the red flag law allows certain individuals with the eligibility to petition for the removal or restraining of firearms.
- Employers and co-workers (effective September 1, 2020)
- Employers and co-workers of the person named in the petition are someone who has regular interactions with the person for at least 1 year
- Teachers
- Teachers and employers at a school of the named in the petition must be from an institute that the person has attended at least 6 months
- Family and household members
- Law enforcement officers (effective September 1, 2020)
These authorized individuals may seek a restraining order to remove firearms from:
- A person who poses a threat to himself, or
- A person who poses a threat to the public
California’s red flag law has been in place since 2014. However, the previous version of the law only allowed law enforcement officials and family members the authority to petition for the removal of firearms. Governor Newsom signed Assembly Bill 61 in 2019 and became effective as of September 1, 2020. A.B. 61 can be seen as an expansion of the existing gun control laws. Under the new laws, several existing laws have been further strengthened and amended:
- Sections of the Penal Code has been expanded to accommodate gun violence restraining order (GRVO laws)
- More personnel have been authorized to petition towards firearm restrictions
What Is a GVRO?
Under California law, an emergency gun violence restraining order or GVRO is a tool that allows temporary restriction to a person from ownership, possession, control, or purchasing of firearms and ammunition. Generally, GVROs order needs to be presented on the grounds of the immediate or present danger, and can typically be requested at any time.
Generally, there are three types of GVRO;
- Temporary emergency GRVO that are petitioned by law enforcement
- Ex Parte GVRO that can be petitioned by law enforcement and family members, and
- 1-year order after hearing petitioned by law enforcement and family members.
How to Obtain a GRVO
To obtain a GRVO, it must be issued by the civil court. Law enforcement officers, family members, co-workers, and teachers can file a request to a civil court to grant a GRVO. Grounds for the request must be provided to the court by a formal, written applicant, and/or at a hearing before a judge. Since the petition for a gun restraining order does not deal with matters of criminal complaints, petitioners seeking GVROs can further seek other available legal remedies. The duration of the GRVO will depend on two circumstances;
Pending Court Hearing
After filing the petition, the judge will consider and assess whether sufficient grounds are provided to support the issuance of the order
Once the has issued the order, a temporary GVRO will be granted and is effective for 21 days or less
The named person in the petition will have to surrender the firearm they have in possession
In some cases, if the person named in the petition does not own firearms, they will instead be prohibited from purchasing firearms and/or ammunition during the duration of the order
After Court Hearing
- A subsequent court hearing will take place 21 days or before the temporary GRVO expires
- In the subsequent hearing, the court will hear the allegations made by both the petitioner and the named subject
- After the hearing, the judge will determine whether assess whether the alleged subject is dangerous
- If the subject is deemed to be dangerous, the court will render an extension of the restraining order prohibiting the purchase or possession of firearms between 1-5 years
Firearms that have been relinquished from the restraining process will either be held by law enforcement, held to a federally licensed firearm dealer, or held by a federally licensed firearm dealer.
How Can I Remove A GVRO / Red Flag in California?
GRVOs can only be removed when;
- When the protection order expires or
- All held firearms will be returned to the subject once the GRVO expires, under the condition that they are not prohibited under a new GRVO.
- Is invalid
- The subject of the petition must be able to prove that they do not pose danger to themselves or other people, contrary to the alleged claims.
Contact Pride Legal
If you or a loved one has received a red flag in California, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.