RED FLAG LAWS

What is a Red Flag Law?

A Red Flag Law is a very targeted form of gun control law which is specifically designed to keep guns out of the hands of individuals who may be having a metal health episode or have ongoing serious mental health issues in which they may be a danger to themselves or someone else.

Does Califonria have a Red Flag Law?

Yes. The California Gun Violence Restraining Order (GVRO) was enacted in 2016. It gives the State, upon notification of a qualified individual, the ability to seek a court order to immediately seize firearms and other deadly weapons from anyone whom the State believes to be a danger to themselves or others due to a specific concern about mental health.

Can a Firearms Attorney help me if I have GVRO?

Yes. Mr. Salvin can represent you in court, organize your case in such a way to give you the best chance to retain your firearms rights, recover your firearms and/or the value of the firearms depending on your circumstances.

Should I be worried about a GVRO being used to take away everyones guns?

NO! Though the California Gun Violence Order has been in place since 2016 the amount of GVRO orders used to confiscate guns in California are extremely small. Issuance of orders by a judge are limited to sever cases generally linked to extrme domestic abuse, a serious mental crisis, an active threat of violence and/or threat of suicide. The average gun owner should not be concerned about a the California Gun Violence Restraining Order.

Is the GVRO a good law ?

Beleive it or not YES, a GVRO is a good and protects all gun owner in general. The GVRO specifically targets individuals that may be having a mental health crisis and are most likely to do something stupid with their weapon, such as attack family members , a place of work, a school or maybe even random strangers. It is these random and horrific tradgedies that often end up on the news and galvanize anti gun activists to seek more restiriction on responsible gun owners.

Who can Initiate a Red Flag Hearing?

California’s red flag law will allow the following individuals to request GVROs regarding another person:

Immediate Family of the Firearms Owner
An employer of the subject of the petition
A coworker of the subject of the petition, 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 school that the subject has attended for the last six months, if the employee or teacher has obtained the approval of administrators.

Why Did the Judge Grant the GVRO?

In order to convince the judge to grant a Gun Violence Restraining Order against you, your close family member (or other petitioner) will have to provide specific information about the firearms you own, where they are kept, and how you pose a significant danger to yourself or others around you by having these firearms in your custody or control.

This may bring to light any threat of violence you’ve made in the past, or any violent crime you have committed, and may include evidence that you violated a protected order or that you abuse alcohol or drugs. This information will be used as evidence that you are a danger to yourself and/or others, and can affect your personal freedoms and constitutional rights for years to come, even if it isn’t true.

How Long does A GVRO Last?

Generally, following a verifiable report from a qualified person, a temporary 21 day restraining order (TRO) is immediately issued against an individual firearms owner who is believed to pose an emanate threat to themselves or others due to mental health issues.
lf Law enforcement will IMMEDIATELY move to confiscate all guns, ammunition, ammunition feeding devices and other deadly weapons from the firearms owners
The firearms owner is eligible for a hearing within 21days of the TRO.
If the firearms owner is successful in proving their case, the judge will deny a further order and the firearms owner can then work to get the firearms out of law enforcement custody. (Not an easy process)
If the firearms owner, whom the Temporary Gun Restraining Order is against, is unsuccessful in convincing the court that he or she is not a threat to themselves or others, the court will issue a GVRO order removing Second Amendment rights for between 1 and 5 years.

How do I fight a GVRO?

The first and most important thing you can do to fight a GVRO is to STAY CALM!
The second thing you will need to hire a Firearms Attorney as this is not something you can fight by yourself.
Under no circumstances should you try to threaten, bully, intimidate or seek vengeance upon the petitioners who may have requested the GVRO, even if you feel they had nefarious intentions for seeking GVRO (such as in a divorce).
You will work with your attorney to demonstrate to the judge that the petitioner is incorrect and you pose no danger to yourself or other individuals by having firearms in your custody or control.
Your attorney and/or the court will most likely have you evaluated by a qualified mental health professional to determine if you may be a danger to yourself or anyone else. In order to prove mental fitness you will need to keep all appointments, always be calm and polite, answer all questions honestly and in a straight forward nonconfrontational manner during the mental health evaluations.
You will need to listen to and be patient with your attorney and the process. Remember he is on your side.

WHAT HAPPENS IF I VIOLATE A GVRO?

A gun violence restraining order is a civil court order, and having this type of order filed against you in court doesn’t necessarily mean you’ll face criminal charges. However, if you violate these orders, you will be arrested and may be charged with a crime, which can have lasting consequences.

Under California Penal Code § 18205, violating a gun violence restraining order is a misdemeanor offense, and if you do so, you will be prohibited from owning, purchasing, possessing or receiving a firearm or ammunition for a period of five years.

If you have a domestic violence restraining order filed against you requiring that you relinquish your firearms to local law enforcement or sell them to a licensed gun dealer, and you knowingly own or possess a firearm during this time, you face a misdemeanor offense, punishable by up to one year in county jail and a maximum fine of $1,000.

If you purchase, receive or attempt to purchase or receive a firearm during this time, which is considered a “wobbler” offense in California, you could be charged with a misdemeanor and face the same penalties, or be charged with a felony, which carries a maximum $1,000 fine and up to three years in state prison.

In light of these serious consequences, if you have had a gun violence restraining order filed against you, it’s imperative that you fully understand the requirements of the restraining order so you don’t risk violating it. If you violate a restraining order in San Diego, you have a number of options for your legal defense strategy, including the following:

Illegal issuance – The judge didn’t legally issue the restraining order, meaning you can’t be charged with violating the order.
Lack of knowledge – If you didn’t know about the restraining order, you can’t be convicted of intentionally violating it.
Lack of intent – Even if you knew about the restraining order, but didn’t realize you were in violation of that order, you shouldn’t be held criminally responsible for the violation.

False allegations – If someone falsely claims that you violated a gun violence restraining order, you can’t face criminal charges for the violation.