Consider the Gun Violence Restraining Order (GVRO)

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What if, however, there was an evidence-based process for temporarily denying a troubled person access to guns? What if this process empowered family members and others close to a potential shooter, allowing them to “do something” after they “see something” and “say something”? I’ve written that the best line of defense against mass shootings is an empowered, vigilant citizenry. There is a method that has the potential to empower citizens even more, when it’s carefully and properly implemented.

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While there are various versions of these laws working their way through the states (California passed a GVRO statute in 2014, and it went into effect in 2016), broadly speaking they permit a spouse, parent, sibling, or person living with a troubled individual to petition a court for an order enabling law enforcement to temporarily take that individual’s guns right away. A well-crafted GVRO should contain the following elements (“petitioners” are those who seek the order, “the respondent” is its subject):

1. It should limit those who have standing to seek the order to a narrowly defined class of people (close relatives, those living with the respondent);

2. It should require petitioners to come forward with clear, convincing, admissible evidence that the respondent is a significant danger to himself or others;

3. It should grant the respondent an opportunity to contest the claims against him;

4. In the event of an emergency, ex parte order (an order granted before the respondent can contest the claims), a full hearing should be scheduled quickly — preferably within 72 hours; and

5. The order should lapse after a defined period of time unless petitioners can come forward with clear and convincing evidence that it should remain in place.

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Advocates for GVROs have been mostly clustered on the left, but there is nothing inherently leftist about the concept. After all, the GVRO is consistent with and recognizes both the inherent right of self-defense and the inherent right of due process. It is not collective punishment. It is precisely targeted.

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