2015
DOI: 10.1002/bsl.2173
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Gun Violence Restraining Orders: Alternative or Adjunct to Mental Health‐Based Restrictions on Firearms?

Abstract: The gun violence restraining order (GVRO) is a new tool for preventing gun violence. Unlike traditional approaches to prohibiting gun purchase and possession, which rely on a high threshold (adjudication by criminal justice or mental health systems) before intervening, the GVRO allows family members and intimate partners who observe a relative's dangerous behavior and believe it may be a precursor to violence to request a GVRO through the civil justice system. Once issued by the court, a GVRO authorizes law en… Show more

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Cited by 23 publications
(28 citation statements)
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“…This part of the problem involves the existing saturation of guns; too-easy access, perhaps, to illegal and secondary gun markets not requiring background checks; and the lack of legal mechanisms to remove existing guns from people who become prohibited from possessing firearms. Better enforcement of illegal gun trafficking laws and preemptive gun removal laws that provide family members and police with a legal tool to separate dangerous people from guns 28–30 might also be important policies to pursue, in combination with health care strategies. 12 …”
Section: Discussionmentioning
confidence: 99%
“…This part of the problem involves the existing saturation of guns; too-easy access, perhaps, to illegal and secondary gun markets not requiring background checks; and the lack of legal mechanisms to remove existing guns from people who become prohibited from possessing firearms. Better enforcement of illegal gun trafficking laws and preemptive gun removal laws that provide family members and police with a legal tool to separate dangerous people from guns 28–30 might also be important policies to pursue, in combination with health care strategies. 12 …”
Section: Discussionmentioning
confidence: 99%
“…This mechanism creates a specific court order for the removal of firearms from a person who may ( a ) be a prohibited possessor under state or federal standards who has not voluntarily released custody of their firearm or ( b ) have significant risk factors for harming themselves or others with a firearm but not be technically prohibited from having the firearm by other legal standards. Such orders serve as a complementary tool to other prohibitive laws and can be used for people who are identified as posing imminent risk but who do not meet involuntary commitment criteria (Frattaroli et al 2015). In most instances, one individual seeks an order from a judge for removal of the firearm based on the current state and situation confronting another individual (e.g., heavy drinking with a history of gun-related violence when intoxicated).…”
Section: Current Policy Initiatives Addressing Gun Violence and Mementioning
confidence: 99%
“…One policy proposal gaining traction is Gun Violence Restraining Order Laws, which allow family members of individuals at risk of harming themselves or others due to a mental health crisis or any other reason, e.g. substance misuse or a traumatic life event, to request a court order for a temporary (up to one year) restriction on firearm purchase and possession(McGinty, Frattaroli et al 2014, Frattaroli S, McGinty EE et al 2015). California and Washington State enacted Gun Violence Restraining Order Laws in 2014 and 2016, respectively (Law Center to Prevent Gun Violence 2016, O’Sullivan 2016).…”
Section: Introductionmentioning
confidence: 99%