Protecting Vulnerable Elders with a GV Restraining Order
So-called “red flag laws” are in the news as a tool to prevent mass shootings. The California version, known as the Gun Violence Restraining Order (GVRO) law , was passed in 2014. Under the law, family and household members, or law enforcement, may seek a court order restricting access to firearms for someone in “significant danger” of causing self-harm or injury to others. To read a quick summary by the Judicial Council, click here. Another useful resource is the Speak for Safety website.
Several new California laws expand specific protections and mandate new policies in the use of the GVRO statute. Beginning in 2020, employers, co-workers and school employees may also file for a GV restraining order. The process was further updated to voluntarily relinquish firearms to law enforcement when the GVRO is not contested.
An important (and less publicized) use of the law is to assure the safety of at-risk elders and their loved ones. Symptoms of aging can include increasingly poor judgment and impulse control, even without signs of memory loss or other cognitive impairment. This decline in “executive functioning” helps to explain how seniors fall victim to elder abuse scams.
These factors raise serious concerns for seniors who own or have access to firearms. Suicide is an increased risk, as well as threats to care providers.
A care plan to assure an elder’s safety should include a discussion of how to secure any firearms. Families may wish to consider a GVRO petition to the court, or enlisting the cooperation of law enforcement for a GVRO, to protect the elder and care providers.
Please contact our office for help developing a care plan for loved ones at risk.