Vidya Sethuraman
India Post News Service
California has one of the lowest gun deaths nationwide, but the toll remains high, with roughly 3,200 Californians losing their lives annually. California has the strongest gun safety laws in the country which have helped lower the state’s rate of firearm deaths. But many Californians still don’t know that powerful tools already exist to help prevent gun violence.
A recent statewide poll found that 80 percent of Californians know little or nothing about gun violence protection orders (GVPOs). These civil court orders temporarily prevent a person at risk of harming themselves or others from accessing firearms. To close this information gap, Governor Gavin Newsom’s office launched the Reduce the Risk campaign through the California Governor’s Office of Emergency Services (Cal OES). The campaign is raising awareness about gun violence restraining orders and other legal tools that can help families, educators, health professionals, and law enforcement take action before violence occurs.
ACOM media briefing on July 30 focused on how increasing public awareness of these laws can improve safety and save lives, especially in communities that have been hit hardest by gun violence.
A judge can grant a gun violence restraining order to stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, magazines, or body armor. Once an order is granted by a judge, the police can be called to enforce the order and the restrained person will have to turn in any firearms, ammunition, or body armor they have. GVROs can be applied for through two pathways: “Emergency Procedure” and “Standard Procedure.”
The former, which is limited to police applications filed by telephone in critical situations, is effective immediately for 21 days. The latter is open to written applications from family members, cohabitants, colleagues, schools, or employers, and can be granted for up to five years if the court finds sufficient evidence. This is particularly crucial for preventing potential large-scale violence.
Ari Freilich, Director of the Office of Gun Violence Prevention under the California Department of Justice, pointed out that these protection orders provide a legal basis so that people can submit evidence to the court to prove that someone may pose a significant harm to themselves or others to obtain a temporary restraining order. This type of restraining order prohibits the person from possessing, purchasing or having access to firearms, ammunition and ballistic protection equipment, and forces the person to surrender existing weapons within 24 hours, otherwise it will constitute a criminal offence.
Amy Barnhorst, Professor of Psychiatry at UC Davis, shared clinical experience and said that GVRO effectively fills the gap between the mental health and justice systems. She recalled coming into contact with a young man who was full of violent tendencies but did not meet the criteria for mandatory medical treatment. Since no other measures could be taken, she suggested that the police apply for a GVRO, which ultimately successfully removed the young man’s potential fatal risk.
The California government has established a dedicated website “ReduceTheRisk.ca.gov”, which provides resource downloads and district court application guidelines in 14 languages, encouraging the public and professionals to proactively understand and make good use of GVRO to avoid tragedies.
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