“Gun violence restraining orders” are court orders that prohibit people deemed to pose “an immediate and present danger to himself, herself or another” through the possession of a firearm from having such weapons.

The law authorizing such restraining orders were passed into law by the California legislature some four years ago, and took effect on Jan. 1, 2016, but a recent report by the Los Angeles Times found that law enforcement “rarely used” the tool.

The Arcata Police Department is looking to change that. On Thursday it will host a training for law enforcement agencies throughout the region on how to apply for and enforce gun violence restraining orders. The training will be conducted by Arcata Police Chief Brian Ahearn’s former colleagues from the San Diego law enforcement community, whose city attorney’s office has used them aggressively.

Recently, after winning its 100th gun violence restraining order, the San Diego City Attorney’s Office published a statistical rundown of its experience with the program so far:

  • More than one-third of the cases related to domestic violence or stalking. 
  • About one-fourth of the cases involved some form of substance abuse.
  • About one-fourth of the GVROs resulted in the removal of guns from individuals threatening suicide.
  • Eighteen GVROs were obtained against individuals struggling with mental health issues, including dementia and PTSD.
  • Fourteen GVROs were obtained against individuals who threatened violence in the workplace or at a school.
  • Ten GVROs were obtained against juveniles or individuals who used social media to make threats.

###

Press release from the Arcata Police Department below:

On Thursday, April 25, 2019 from 9:00 AM to 12:00 PM at the D Street Neighborhood Center, 1301 D Street, the City of Arcata is hosting training for law enforcement, attorneys and court personnel on gun violence restraining orders.  Gun violence restraining orders are civil orders, issued in writing and signed by the court, that prohibit a named person from having in their custody or control, owning, purchasing, possessing or receiving any firearm or ammunition.  This training is designed to enhance public safety by providing law enforcement, attorneys and court personnel with an additional resource that, when issued by the court, provides the community an additional safeguard against those who are in possession of firearms and/or ammunition and are deemed to also pose a risk to themselves or others. 

Using case studies the training team identifies procedures and protocols to obtain gun violence restraining orders and explains how to apply the law and navigate through complex situations to determine whether or not a gun violence restraining order would be applicable.  A significant amount of the curriculum is devoted to the service of the restraining order itself, obtaining and serving search warrants and the process to seize firearms and ammunition.

As the first statewide champion for gun violence restraining orders, the San Diego City Attorney’s Office was selected by the state to conduct training for law enforcement agencies, attorneys and court personnel throughout California. The program is guided by California Penal Code Section 18100 et sec, which allows family members or law enforcement personnel to seek a gun violence restraining order against someone they believe poses an immediate and present danger of harming themselves or others.

To date the training team has delivered this same curriculum to jurisdictions throughout California including Riverside, Ontario, Anaheim, San Francisco, Beverly Hills and Sacramento.  This same training is being delivered to agencies in the North Coast region and will include representatives from the cities of Arcata, Eureka, Crescent City, Ferndale, Blue Lake and Rio Dell; the counties of Humboldt, Del Norte and Trinity; as well as State Parks and Cal Fire.