California's "red flag" law is formally the Gun Violence Restraining Order (GVRO). It lets a court temporarily prohibit a person who poses a...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
California's "red flag" law is formally the Gun Violence Restraining Order (GVRO). It lets a court temporarily prohibit a person who poses a significant danger from having, owning, buying, or receiving firearms and ammunition. GVROs have been available in California since January 1, 2016 and are codified in the Penal Code beginning at Penal Code 18100.
This page explains how a GVRO works, who can ask for one, the different order types and their durations, and how a GVRO (and related protective orders) affect a person who holds a California carry license.
Under Penal Code 18100, a gun violence restraining order is a court order prohibiting and enjoining a named person from having custody or control of, and from owning, purchasing, possessing, or receiving, any firearms or ammunition while the order is in effect. The statute provides that "ammunition" includes a magazine as defined in Penal Code 16890. The California courts self-help materials describe the prohibition as reaching firearms, firearm parts, ammunition, magazines, and body armor.
A GVRO restricts firearms only. It does not order the restrained person to:
If protection beyond firearm restrictions is needed, a different order (a domestic violence restraining order, civil harassment order, or workplace violence order) may be more appropriate. Those orders carry their own separate firearm prohibitions, described below.
Once a GVRO is issued and served, the restrained person must give up their firearms and ammunition under Penal Code 18120. If a law enforcement officer serves the order and requests it, surrender must occur immediately. Otherwise, the person must surrender within 24 hours of being served, by turning the firearms and ammunition over to a local law enforcement agency in a safe manner, or by selling or transferring them to a licensed firearms dealer. The restrained person must file proof of surrender with the court (and the serving law enforcement agency, if applicable) within 48 hours.
California provides three GVRO mechanisms, each with its own petitioner pool, legal standard, and duration.
When ruling on a GVRO petition, the court considers evidence such as specific statements or acts suggesting danger, recent threats or acts of violence, prior protective orders or their violation, reckless use or brandishing of a firearm, history of firearm or ammunition acquisition, and substance abuse history. Witness statements made under oath, police reports, medical records, photographs, and threatening messages may all be submitted. A GVRO can be issued even if the petitioner does not know whether the subject currently possesses firearms, because the order also bars future acquisition.
If the court issues a temporary or ex parte GVRO, the restrained person must be personally served with a copy of the order. Service may be performed by a person 18 or older who is not the petitioner, and a sheriff or marshal can serve the order at no charge. Proof of personal service (Judicial Council form GV-200) is filed with the court.
A California carry licensee should understand that several other court orders independently prohibit firearm possession, each suspending the practical ability to carry while in effect.
A person subject to a domestic violence protective order may not own, possess, purchase, or receive a firearm or ammunition while the order is in effect, and the court must order the respondent to relinquish firearms and ammunition. Relinquishment timing mirrors the GVRO process: immediately on law enforcement request, or within 24 hours otherwise, with a receipt filed within 48 hours. Family Code 6389 governs this prohibition, the relinquishment procedure, and the return of firearms (generally within five days after the relinquishment order expires, subject to exceptions). A temporary DVRO typically lasts until the hearing (commonly on the order of three weeks), and a DVRO issued after hearing can last up to five years. Federal law independently bars firearm possession by persons subject to a qualifying domestic-violence order under 18 U.S.C. 922(g)(8).
Issued during or after criminal proceedings, a criminal protective order prohibits firearm and ammunition possession while in effect and can extend years beyond the underlying case. Proposition 63 (passed November 2016) strengthened relinquishment and compliance verification for persons convicted of firearm-prohibiting offenses, including requirements that the defendant show proof of sale or transfer of firearms and that probation officers and courts verify compliance.
The following also prohibit firearm and ammunition possession while in effect:
A California carry license does not override a firearms-prohibiting order. A person subject to a GVRO, DVRO, criminal protective order, or other qualifying protective order is prohibited from possessing firearms, which suspends the ability to lawfully carry for the duration of the order. A protective order also bears on license eligibility itself: the carry-licensing scheme revised by SB 2 (2023) treats certain protective orders and disqualifying conduct as bars to issuance.
California carry licensees should separately be aware that SB 2 added a long list of "sensitive places" where a licensee may not carry, at Penal Code 26230 (effective January 1, 2024). That statute was challenged in May v. Bonta and Carralero v. Bonta. A federal district court issued a preliminary injunction on December 20, 2023, but the U.S. Court of Appeals for the Ninth Circuit reversed that injunction in large part, with its mandate taking effect January 23, 2025. As a result, about 20 of the 26 sensitive-place categories are currently enforceable. Six categories remain enjoined and are not being enforced pending further appeal: hospitals and medical facilities (26230(a)(7)), public transit (a)(8), permitted public gatherings and special events (a)(10), places of worship (a)(22), financial institutions (a)(23), and the default rule barring carry in privately owned commercial establishments open to the public unless a sign is posted (a)(26). The other categories, such as bars and businesses serving alcohol, playgrounds and youth centers, parks and athletic areas, casinos, stadiums and arenas, libraries, airports, amusement parks, zoos and museums, and law enforcement stations, are in effect. Verify the current enforceable status before relying on any particular location restriction.
When a protective order issues, it is entered into state and federal databases used to identify prohibited persons. The California Department of Justice maintains firearm transaction and carry-license records under Penal Code 11106, where the Attorney General is required to keep and file copies of carry licenses and to maintain a registry of reported firearms; the system the DOJ operates for this purpose is the Automated Firearms System (AFS). Protective orders are tracked in the California Restraining and Protective Order System (CARPOS) and reported to the federal NCIC files.
The DOJ also operates the Armed and Prohibited Persons System (APPS), which cross-references firearm ownership records against prohibiting events, including GVROs and other protective orders, to identify people who possess firearms but are legally barred from doing so. APPS activity is reported by the DOJ in annual reports.
In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. 922(g)(8) for persons subject to a qualifying domestic-violence restraining order, holding that the disability survives the historical-tradition test of New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling Supreme Court authority on firearm disabilities tied to domestic-violence findings, and it informs how courts evaluate state red-flag and protective-order frameworks that operate alongside the federal Section 922(g)(8) prohibitor.
This page is general information, not legal advice. Firearm and protective-order law in California changes frequently and several provisions are in active litigation. Confirm current requirements with the issuing court, the California Department of Justice, or a qualified California attorney before acting.
This page covers one part of our California concealed carry guide.
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