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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 14 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.

A law enforcement officer or immediate family member may seek a more permanent Gun Violence Restraining Order from the court.

What is a Gun Violence Restraining Order?

Under California Law, Penal Code Section 18150 - external link an immediate family member or law enforcement agency may seek a Gun Violence Restraining Order prohibiting an individual who poses a significant danger of personal injury to himself, herself or another from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition.

The Judicial Council provides an information sheet, Can a Gun Violence Restraining Order Help Me?, - external link that describes court orders an immediate family member or law enforcement agency 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.

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

Where do I file my forms?

Present completed forms to the Civil Front Counter - Window 14 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.

For more information and the necessary forms, see the Petition for a Gun Violence Restraining Order (Step 1) Packet (CV\E-GV-01).

When will I get my order?

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. In most cases, a hearing will be set within 21 days for you and the other party.

It is the responsibility of the petitioner to have the respondent personally served no later than five (5) days prior to the scheduled hearing date. Proof of service for the respondent must be filed with the court prior to or at the time of the Gun Violence Restraining Order hearing.

NOTE: The Restraining Order is not activated 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).