Gun Violence Restraining Orders
Domestic Violence, Restraining Order

Will New CA Gun Laws Impact Gun Violence Restraining Orders?

California is at the forefront of gun regulation in the United States, continually updating and strengthening its laws to address gun violence and public safety concerns. In 2026, new legislation brings significant changes to the state’s approach to Gun Violence Restraining Orders (GVROs).

If you or a loved one is involved in a case where gun restraining orders are at issue, understanding these changes is crucial. At The Law Offices of Judy L. Burger, we stay informed about the latest legal developments to best protect your rights and interests.

Understanding Gun Violence Restraining Orders in California

Gun Violence Restraining Orders (GVROs) are civil orders issued by courts to temporarily prohibit individuals deemed a risk to themselves or others from possessing or purchasing firearms and ammunition. These orders are often referred to as “red flag” laws. California was one of the first states to enact such laws, and recent legislative updates have only expanded their scope and enforcement mechanisms.

New Gun Laws Taking Effect in 2026

  • SB 53 requires firearms to be stored in a locked safe in the home.
  • AB 1127 bans several handguns beginning July 1, 2026.
  • AB 1078 limits firearm purchases to three per month starting April 1, 2026.
  • SB 899 streamlines the process for courts to enforce gun violence restraining orders, requiring some individuals to surrender their firearms.
  • SB 704 and AB 1263 require certain firearm transactions to be conducted through a licensed dealer.
  • AB 725 creates new reporting requirements for lost or stolen firearms, extending the rule to include lost or stolen gun parts.

Impact on Those Under Restraining Orders

If you are subject to a domestic violence restraining order, a civil harassment restraining order, or any similar protective order:

  • You are prohibited from possessing, owning, or purchasing firearms and ammunition for the duration of the order.
  • You must surrender any firearms or ammunition you already own to law enforcement, sell them to a licensed dealer, or store them with a licensed dealer.
  • Violating these restrictions can lead to criminal charges, additional penalties, and potential jail time.

SB 899 and other laws make it easier for authorities to enforce these requirements, minimizing loopholes and delays that previously existed.

Legal Challenges and Constitutional Considerations

California’s gun laws—including those enabling GVROs—have faced legal challenges, especially in light of the U.S. Supreme Court’s 2022 Bruen decision, which emphasized the need for gun regulations to be consistent with historical traditions. However, most California laws allowing for the removal of firearms from individuals under restraining orders have survived judicial scrutiny.

Courts generally recognize the compelling state interest in preventing harm, and California continues to adjust its laws to withstand constitutional tests while prioritizing community safety.

Key FAQs About California Gun Restraining Orders

1. Who can request a Gun Violence Restraining Order (GVRO)?
A GVRO can be requested by law enforcement, family members, household members, employers, coworkers, or school employees who have knowledge of the individual’s behavior.

2. How long do GVROs last?
A temporary GVRO can last up to 21 days. After a hearing, a judge may issue a one-year GVRO, which can be extended in court. Under SB 899, GVROs can now last up to five years in certain cases.

3. What happens if I am served with a GVRO or other restraining order?
You must surrender all firearms and ammunition to law enforcement or a licensed gun dealer within the timeframe specified, usually 24-48 hours. Failure to comply is a criminal offense.

4. Can I contest the restraining order or GVRO?
Yes. You have the right to a hearing where you can present evidence and argue against the order. It’s crucial to have experienced legal representation during this process.

5. What if someone violates a GVRO or restraining order?
Violating a GVRO or any restraining order prohibiting firearm possession is a criminal offense and can result in arrest, prosecution, and additional penalties.

How Judy Burger Can Help

Judy Burger is a Certified California Family Law Specialist with extensive experience handling cases involving restraining orders, domestic violence, and firearm restrictions. She understands the complexities of California’s evolving gun laws and how they interact with family law and civil harassment cases.

Whether you are seeking a restraining order to protect yourself and your loved ones, or defending against one, Judy Burger can:

  • Guide you through the legal process for petitioning or contesting a GVRO.
  • Ensure compliance with all state and federal firearm restrictions.
  • Advocate for your rights in court hearings.
  • Help you understand your responsibilities regarding firearm surrender and retrieval.

With the landscape of gun laws in California rapidly changing, it’s more important than ever to have a skilled attorney by your side.

Take the Next Step: Contact The Law Offices of Judy L. Burger

If you have questions about gun restraining orders, GVROs, or how the new California gun laws could affect you or your family, don’t wait. Contact The Law Offices of Judy L. Burger today. Our team is committed to providing clear, effective legal guidance and representation in these critical matters.

Call us now to schedule a confidential consultation and get the help you need to navigate California’s complex gun restraining order laws.

How Do CA Gun Violence Restraining Orders Work?
Domestic Violence, Restraining Order, Restraining Order

How Do CA Gun Violence Restraining Orders Work?

California is known for strict gun laws to protect its citizens from crime and domestic violence. The state legislature first approved Gun Restraining Orders in 2016. How do CA Gun Violence Restraining Orders work, and when do you need one? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

What Is a Gun Violence Restraining Order?

A Gun Violence Restraining Order (GVRO) is a court order that prevents someone from accessing firearms and ammunition. It’s also known as a “red flag law.”  

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and grant other restraining orders as necessary. A temporary GVRO lasts for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any guns, magazines, or ammunition while the order is in force. The court may extend a GVRO.

A GVRO requires the subject of the order to relinquish all firearms and ammunition and prohibits the subject from purchasing any guns or ammunition while the order is in effect.

When Would I Need a GVRO?

When should you consider petitioning the court for a gun violence restraining order? Under California Penal Code Section 18150, 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.

Threats or acts of domestic violence are common reasons to ask for a GVRO. The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

How Do I Obtain a GVRO in California?

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 employer’s approval
  • 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

You can ask a law enforcement officer to ask for a gun violence restraining order. If it is an emergency, you can call police and ask for one right away. If you do not want to call police for help, Family Law Attorney Judy Burger can help you petition the court and handle the details.

Get Help with Gun Restraining Orders in California

You do not have to remain in threatening, abusive, or dangerous relationships. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. We have eight offices across California to serve you. Schedule a consultation to get answers to your questions about Gun Violence Restraining Orders and other types of restraining orders. We can offer counsel, help you file petitions with the court, and get the help you need now.