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.

Gun Violence Restraining Order Form Packets

• Petition for a Gun Violence Restraining Order (Step 1) Packet (CV\E-GV-01)
• Gun Violence Restraining Order: Instructions on Service (Step 2) Packet (CV\E-GV-02)
• Request to Continue Court Hearing on Gun Violence Restraining Order Packet (CV\E-GV-03)
• Request to Renew Gun Violence Restraining Order Packet (CV\E-GV-04)
• Request to Renew Gun Violence Restraining Order (Step 2) Packet (CV\E-GV-04-02)
• Request to Terminate Gun Violence Restraining Order Packet (CV\E-GV-05)
• Request to Terminate Gun Violence Restraining Order (Step 2) Packet (CV\E-GV-05-02)

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.