{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-152.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-152.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-152.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-152.13.html"}],"law_id":57863,"edition_id":1,"section_id":57863,"structure_id":13870,"section_number":"19.2-152.13","catch_line":"Emergency substantial risk order","history":"2020, cc. 887, 888.","full_text":"A\n\nUpon the petition of an attorney for the Commonwealth or a law-enforcement officer, a judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate, upon a finding that there is probable cause to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person’s possession or acquisition of a firearm, shall issue an ex parte emergency substantial risk order. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order. In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist. The order shall contain a statement (i) informing the person who is subject to the order of the requirements and penalties under § 18.2-308.1:6, including that it is unlawful for such person to purchase, possess, or transport a firearm for the duration of the order and that such person is required to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such person to voluntarily relinquish any firearm within his custody to the law-enforcement agency that serves the order.B\n\nThe petition for an emergency substantial risk order shall be made under oath and shall be supported by an affidavit.C\n\nUpon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm in his possession. The law-enforcement agency that executed the emergency substantial risk order shall take custody of all firearms that are voluntarily relinquished by such person. The law-enforcement agency that takes into custody a firearm pursuant to the order shall prepare a written receipt containing the name of the person who is subject to the order and the manufacturer, model, condition, and serial number of the firearm and shall provide a copy thereof to such person. Nothing in this subsection precludes a law-enforcement officer from later obtaining a search warrant for any firearms if the law-enforcement officer has reason to believe that the person who is subject to an emergency substantial risk order has not relinquished all firearms in his possession.D\n\nAn emergency substantial risk order issued pursuant to this section shall expire at 11:59 p.m. on the fourteenth day following issuance of the order. If the expiration occurs on a day that the circuit court for the jurisdiction where the order was issued is not in session, the order shall be extended until 11:59 p.m. on the next day that the circuit court is in session. The person who is subject to the order may at any time file with the circuit court a motion to dissolve the order.E\n\nAn emergency substantial risk order issued pursuant to this section is effective upon personal service on the person who is subject to the order. The order shall be served forthwith after issuance. A copy of the order, petition, and supporting affidavit shall be given to the person who is subject to the order together with a notice informing the person that he has a right to a hearing under § 19.2-152.14 and may be represented by counsel at the hearing.F\n\nThe court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the emergency substantial risk order was issued, enter and transfer electronically to the Virginia Criminal Information Network (VCIN) established and maintained by the Department of State Police (Department) pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 the identifying information of the person who is subject to the order provided to the court or magistrate. A copy of an order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN, and the order shall be served forthwith upon the person who is subject to the order. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the identifying information of the person who is subject to the order provided to the court to the primary law-enforcement agency providing service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall enter the name of the person subject to the order and other appropriate information required by the Department into the VCIN and the order shall be served forthwith upon the person who is subject to the order. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the VCIN and make due return to the court. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested and forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the dissolution or modification order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN and the order shall be served forthwith.G\n\nThe law-enforcement agency that serves the emergency substantial risk order shall make due return to the circuit court, which shall be accompanied by a written inventory of all firearms relinquished.H\n\nProceedings in which an emergency substantial risk order is sought pursuant to this section shall be commenced where the person who is subject to the order (i) has his principal residence or (ii) has engaged in any conduct upon which the petition for the emergency substantial risk order is based.I\n\nA proceeding for a substantial risk order shall be a separate civil legal proceeding subject to the same rules as civil proceedings.","order_by":null,"text":{"0":{"id":211980,"text":"Upon the petition of an attorney for the Commonwealth or a law-enforcement officer, a judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate, upon a finding that there is probable cause to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person’s possession or acquisition of a firearm, shall issue an ex parte emergency substantial risk order. Such order shall prohibit the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order. In determining whether probable cause for the issuance of an order exists, the judge or magistrate shall consider any relevant evidence, including any recent act of violence, force, or threat as defined in § 19.2-152.7:1 by such person directed toward another person or toward himself. No petition shall be filed unless an independent investigation has been conducted by law enforcement that determines that grounds for the petition exist. The order shall contain a statement (i) informing the person who is subject to the order of the requirements and penalties under § 18.2-308.1:6, including that it is unlawful for such person to purchase, possess, or transport a firearm for the duration of the order and that such person is required to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such person to voluntarily relinquish any firearm within his custody to the law-enforcement agency that serves the order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211981,"text":"The petition for an emergency substantial risk order shall be made under oath and shall be supported by an affidavit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211982,"text":"Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm in his possession. The law-enforcement agency that executed the emergency substantial risk order shall take custody of all firearms that are voluntarily relinquished by such person. The law-enforcement agency that takes into custody a firearm pursuant to the order shall prepare a written receipt containing the name of the person who is subject to the order and the manufacturer, model, condition, and serial number of the firearm and shall provide a copy thereof to such person. Nothing in this subsection precludes a law-enforcement officer from later obtaining a search warrant for any firearms if the law-enforcement officer has reason to believe that the person who is subject to an emergency substantial risk order has not relinquished all firearms in his possession.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211983,"text":"An emergency substantial risk order issued pursuant to this section shall expire at 11:59 p.m. on the fourteenth day following issuance of the order. If the expiration occurs on a day that the circuit court for the jurisdiction where the order was issued is not in session, the order shall be extended until 11:59 p.m. on the next day that the circuit court is in session. The person who is subject to the order may at any time file with the circuit court a motion to dissolve the order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211984,"text":"An emergency substantial risk order issued pursuant to this section is effective upon personal service on the person who is subject to the order. The order shall be served forthwith after issuance. A copy of the order, petition, and supporting affidavit shall be given to the person who is subject to the order together with a notice informing the person that he has a right to a hearing under § 19.2-152.14 and may be represented by counsel at the hearing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211985,"text":"The court or magistrate shall forthwith, but in all cases no later than the end of the business day on which the emergency substantial risk order was issued, enter and transfer electronically to the Virginia Criminal Information Network (VCIN) established and maintained by the Department of State Police (Department) pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 the identifying information of the person who is subject to the order provided to the court or magistrate. A copy of an order issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN, and the order shall be served forthwith upon the person who is subject to the order. However, if the order is issued by the circuit court, the clerk of the circuit court shall forthwith forward an attested copy of the order containing the identifying information of the person who is subject to the order provided to the court to the primary law-enforcement agency providing service and entry of the order. Upon receipt of the order by the primary law-enforcement agency, the agency shall enter the name of the person subject to the order and other appropriate information required by the Department into the VCIN and the order shall be served forthwith upon the person who is subject to the order. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the VCIN and make due return to the court. If the order is later dissolved or modified, a copy of the dissolution or modification order shall also be attested and forwarded forthwith to the primary law-enforcement agency responsible for service and entry of the order. Upon receipt of the dissolution or modification order by the primary law-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN and the order shall be served forthwith.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":211986,"text":"The law-enforcement agency that serves the emergency substantial risk order shall make due return to the circuit court, which shall be accompanied by a written inventory of all firearms relinquished.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":211987,"text":"Proceedings in which an emergency substantial risk order is sought pursuant to this section shall be commenced where the person who is subject to the order (i) has his principal residence or (ii) has engaged in any conduct upon which the petition for the emergency substantial risk order is based.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":211988,"text":"A proceeding for a substantial risk order shall be a separate civil legal proceeding subject to the same rules as civil proceedings.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13870,"edition_id":1,"name":"Substantial Risk Orders","identifier":"9.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":171431,"object_type":"structure","relational_id":13870,"identifier":"9.2","token":"19.2\/9.2","url":"\/19.2\/9.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57863,"structure_id":13870,"section_number":"19.2-152.13","catch_line":"Emergency substantial risk order","url":"\/19.2-152.13\/","token":"19.2\/9.2\/19.2-152.13","metadata":false},{"id":54898,"structure_id":13870,"section_number":"19.2-152.14","catch_line":"Substantial risk order","url":"\/19.2-152.14\/","token":"19.2\/9.2\/19.2-152.14","metadata":false},{"id":80479,"structure_id":13870,"section_number":"19.2-152.15","catch_line":"Return or disposal of firearms","url":"\/19.2-152.15\/","token":"19.2\/9.2\/19.2-152.15","metadata":false},{"id":86909,"structure_id":13870,"section_number":"19.2-152.16","catch_line":"False statement to law-enforcement officer, etc.; penalty","url":"\/19.2-152.16\/","token":"19.2\/9.2\/19.2-152.16","metadata":false},{"id":66891,"structure_id":13870,"section_number":"19.2-152.17","catch_line":"Immunity of law-enforcement officers, etc.; chapter not exclusive","url":"\/19.2-152.17\/","token":"19.2\/9.2\/19.2-152.17","metadata":false}],"next_section":{"id":54898,"structure_id":13870,"section_number":"19.2-152.14","catch_line":"Substantial risk order","url":"\/19.2-152.14\/","token":"19.2\/9.2\/19.2-152.14","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-152.13\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 887<\/a> and 888<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":73257,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","order_by":null,"url":"\/18.2-308.1_6\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"id":54898,"section_number":"19.2-152.14","catch_line":"Substantial risk order","order_by":null,"url":"\/19.2-152.14\/"},{"id":80479,"section_number":"19.2-152.15","catch_line":"Return or disposal of firearms","order_by":null,"url":"\/19.2-152.15\/"},{"id":66891,"section_number":"19.2-152.17","catch_line":"Immunity of law-enforcement officers, etc.; chapter not exclusive","order_by":null,"url":"\/19.2-152.17\/"},{"id":70372,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","order_by":null,"url":"\/19.2-387.3\/"}],"refers_to":[{"id":73257,"section_number":"18.2-308.1:6","catch_line":"Purchase, possession, or transportation of firearms by persons subject to substantial risk orders; penalty","order_by":null,"url":"\/18.2-308.1_6\/"},{"id":54898,"section_number":"19.2-152.14","catch_line":"Substantial risk order","order_by":null,"url":"\/19.2-152.14\/"},{"id":81395,"section_number":"19.2-152.7:1","catch_line":"Definitions","order_by":null,"url":"\/19.2-152.7_1\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"}],"permalink":{"id":171433,"object_type":"law","relational_id":57863,"identifier":"19.2-152.13","token":"19.2\/9.2\/19.2-152.13","url":"\/19.2-152.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-152.13\/","token":"19.2\/9.2\/19.2-152.13","dublin_core":{"Title":"Emergency substantial risk order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-152.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the petition<\/span> of an attorney for the Commonwealth or a law<\/span>-enforcement officer, a judge<\/span> of a circuit<\/span> court<\/span>, general district court<\/span>, or juvenile and domestic relations district court<\/span> or a magistrate<\/span>, upon a finding<\/span> that there is probable cause<\/span> to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person’s possession<\/span> or acquisition of a firearm, shall issue<\/span> an ex parte<\/span> emergency substantial risk order<\/span>. Such order<\/span> shall prohibit the person who is subject to the order<\/span> from purchasing, possessing, or transporting a firearm for the duration of the order<\/span>. In determining whether probable cause<\/span> for the issuance of an order<\/span> exists, the judge<\/span> or magistrate<\/span> shall consider any relevant evidence<\/span>, including any recent act of violence, force, or threat as defined in § 19.2-152.7:1<\/a> by such person directed toward another person or toward himself. No petition<\/span> shall be filed unless an independent investigation has been conducted by law<\/span> enforcement that determines that grounds for the petition<\/span> exist. The order<\/span> shall contain a statement (i) informing the person who is subject to the order<\/span> of the requirements and penalties under § 18.2-308.1:6<\/a>, including that it is unlawful for such person to purchase, possess, or transport a firearm for the duration of the order<\/span> and that such person is required to surrender his concealed handgun permit if he possesses such permit, and (ii) advising such person to voluntarily relinquish any firearm within his custody<\/span> to the law<\/span>-enforcement agency that serves the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> for an emergency substantial risk order<\/span> shall be made under oath<\/span> and shall be supported by an affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon service of an emergency substantial risk order<\/span>, the person who is subject to the order<\/span> shall be given the opportunity to voluntarily relinquish any firearm in his possession<\/span>. The law<\/span>-enforcement agency that executed the emergency substantial risk order<\/span> shall take custody<\/span> of all firearms that are voluntarily relinquished by such person. The law<\/span>-enforcement agency that takes into custody<\/span> a firearm pursuant to the order<\/span> shall prepare a written receipt containing the name of the person who is subject to the order<\/span> and the manufacturer, model, condition, and serial number of the firearm and shall provide a copy thereof to such person. Nothing in this subsection precludes a law<\/span>-enforcement officer from later obtaining a search warrant<\/span> for any firearms if the law<\/span>-enforcement officer has reason to believe that the person who is subject to an emergency substantial risk order<\/span> has not relinquished all firearms in his possession<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An emergency substantial risk order<\/span> issued pursuant to this section shall expire at 11:59 p.m. on the fourteenth day following issuance of the order<\/span>. If the expiration occurs on a day that the circuit<\/span> court<\/span> for the jurisdiction<\/span> where the order<\/span> was issued is not in session, the order<\/span> shall be extended until 11:59 p.m. on the next day that the circuit<\/span> court<\/span> is in session. The person who is subject to the order<\/span> may at any time file with the circuit<\/span> court<\/span> a motion<\/span> to dissolve the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An emergency substantial risk order<\/span> issued pursuant to this section is effective upon personal service on the person who is subject to the order<\/span>. The order<\/span> shall be served forthwith after issuance. A copy of the order<\/span>, petition<\/span>, and supporting affidavit<\/span> shall be given to the person who is subject to the order<\/span> together with a notice informing the person that he has a right to a hearing<\/span> under § 19.2-152.14<\/a> and may be represented by counsel<\/span> at the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court<\/span> or magistrate<\/span> shall forthwith, but in all cases no later than the end of the business day on which the emergency substantial risk order<\/span> was issued, enter and transfer electronically to the Virginia Criminal Information Network (VCIN) established and maintained by the Department of State Police (Department) pursuant to Chapter 2 (§ 52-12<\/a> et seq.) of Title 52 the identifying information of the person who is subject to the order<\/span> provided to the court<\/span> or magistrate<\/span>. A copy of an order<\/span> issued pursuant to this section containing any such identifying information shall be forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of the order<\/span>. Upon receipt of the order<\/span> by the primary law<\/span>-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN, and the order<\/span> shall be served forthwith upon the person who is subject to the order<\/span>. However, if the order<\/span> is issued by the circuit<\/span> court<\/span>, the clerk of the circuit<\/span> court<\/span> shall forthwith forward an attested copy of the order<\/span> containing the identifying information of the person who is subject to the order<\/span> provided to the court<\/span> to the primary law<\/span>-enforcement agency providing service and entry of the order<\/span>. Upon receipt of the order<\/span> by the primary law<\/span>-enforcement agency, the agency shall enter the name of the person subject to the order<\/span> and other appropriate information required by the Department into the VCIN and the order<\/span> shall be served forthwith upon the person who is subject to the order<\/span>. Upon service, the agency making service shall enter the date and time of service and other appropriate information required into the VCIN and make due return to the court<\/span>. If the order<\/span> is later dissolved or modified, a copy of the dissolution or modification order<\/span> shall also be attested and forwarded forthwith to the primary law<\/span>-enforcement agency responsible for service and entry of the order<\/span>. Upon receipt of the dissolution or modification order<\/span> by the primary law<\/span>-enforcement agency, the agency shall forthwith verify and enter any modification as necessary to the identifying information and other appropriate information required by the Department into the VCIN and the order<\/span> shall be served forthwith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The law<\/span>-enforcement agency that serves the emergency substantial risk order<\/span> shall make due return to the circuit<\/span> court<\/span>, which shall be accompanied by a written inventory of all firearms relinquished. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Proceedings in which an emergency substantial risk order<\/span> is sought pursuant to this section shall be commenced where the person who is subject to the order<\/span> (i) has his principal residence or (ii) has engaged in any conduct upon which the petition<\/span> for the emergency substantial risk order<\/span> is based. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A proceeding for a substantial risk order<\/span> shall be a separate civil legal proceeding subject to the same rules as civil proceedings. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY SUBSTANTIAL RISK ORDER (\u00a7 19.2-152.13)\n\nA. Upon the petition of an attorney for the Commonwealth or a law-enforcement\nofficer, a judge of a circuit court, general district court, or juvenile and\ndomestic relations district court or a magistrate, upon a finding that there is\nprobable cause to believe that a person poses a substantial risk of personal\ninjury to himself or others in the near future by such person’s possession\nor acquisition of a firearm, shall issue an ex parte emergency substantial risk\norder. Such order shall prohibit the person who is subject to the order from\npurchasing, possessing, or transporting a firearm for the duration of the order.\nIn determining whether probable cause for the issuance of an order exists, the\njudge or magistrate shall consider any relevant evidence, including any recent\nact of violence, force, or threat as defined in § 19.2-152.7:1 by such\nperson directed toward another person or toward himself. No petition shall be\nfiled unless an independent investigation has been conducted by law enforcement\nthat determines that grounds for the petition exist. The order shall contain a\nstatement (i) informing the person who is subject to the order of the\nrequirements and penalties under § 18.2-308.1:6, including that it is\nunlawful for such person to purchase, possess, or transport a firearm for the\nduration of the order and that such person is required to surrender his\nconcealed handgun permit if he possesses such permit, and (ii) advising such\nperson to voluntarily relinquish any firearm within his custody to the\nlaw-enforcement agency that serves the order.\n\nB. The petition for an emergency substantial risk order shall be made under oath\nand shall be supported by an affidavit.\n\nC. Upon service of an emergency substantial risk order, the person who is\nsubject to the order shall be given the opportunity to voluntarily relinquish\nany firearm in his possession. The law-enforcement agency that executed the\nemergency substantial risk order shall take custody of all firearms that are\nvoluntarily relinquished by such person. The law-enforcement agency that takes\ninto custody a firearm pursuant to the order shall prepare a written receipt\ncontaining the name of the person who is subject to the order and the\nmanufacturer, model, condition, and serial number of the firearm and shall\nprovide a copy thereof to such person. Nothing in this subsection precludes a\nlaw-enforcement officer from later obtaining a search warrant for any firearms\nif the law-enforcement officer has reason to believe that the person who is\nsubject to an emergency substantial risk order has not relinquished all firearms\nin his possession.\n\nD. An emergency substantial risk order issued pursuant to this section shall\nexpire at 11:59 p.m. on the fourteenth day following issuance of the order. If\nthe expiration occurs on a day that the circuit court for the jurisdiction where\nthe order was issued is not in session, the order shall be extended until 11:59\np.m. on the next day that the circuit court is in session. The person who is\nsubject to the order may at any time file with the circuit court a motion to\ndissolve the order.\n\nE. An emergency substantial risk order issued pursuant to this section is\neffective upon personal service on the person who is subject to the order. The\norder shall be served forthwith after issuance. A copy of the order, petition,\nand supporting affidavit shall be given to the person who is subject to the\norder together with a notice informing the person that he has a right to a\nhearing under § 19.2-152.14 and may be represented by counsel at the\nhearing.\n\nF. The court or magistrate shall forthwith, but in all cases no later than the\nend of the business day on which the emergency substantial risk order was\nissued, enter and transfer electronically to the Virginia Criminal Information\nNetwork (VCIN) established and maintained by the Department of State Police\n(Department) pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 the\nidentifying information of the person who is subject to the order provided to\nthe court or magistrate. A copy of an order issued pursuant to this section\ncontaining any such identifying information shall be forwarded forthwith to the\nprimary law-enforcement agency responsible for service and entry of the order.\nUpon receipt of the order by the primary law-enforcement agency, the agency\nshall forthwith verify and enter any modification as necessary to the\nidentifying information and other appropriate information required by the\nDepartment into the VCIN, and the order shall be served forthwith upon the\nperson who is subject to the order. However, if the order is issued by the\ncircuit court, the clerk of the circuit court shall forthwith forward an\nattested copy of the order containing the identifying information of the person\nwho is subject to the order provided to the court to the primary law-enforcement\nagency providing service and entry of the order. Upon receipt of the order by\nthe primary law-enforcement agency, the agency shall enter the name of the\nperson subject to the order and other appropriate information required by the\nDepartment into the VCIN and the order shall be served forthwith upon the person\nwho is subject to the order. Upon service, the agency making service shall enter\nthe date and time of service and other appropriate information required into the\nVCIN and make due return to the court. If the order is later dissolved or\nmodified, a copy of the dissolution or modification order shall also be attested\nand forwarded forthwith to the primary law-enforcement agency responsible for\nservice and entry of the order. Upon receipt of the dissolution or modification\norder by the primary law-enforcement agency, the agency shall forthwith verify\nand enter any modification as necessary to the identifying information and other\nappropriate information required by the Department into the VCIN and the order\nshall be served forthwith.\n\nG. The law-enforcement agency that serves the emergency substantial risk order\nshall make due return to the circuit court, which shall be accompanied by a\nwritten inventory of all firearms relinquished.\n\nH. Proceedings in which an emergency substantial risk order is sought pursuant\nto this section shall be commenced where the person who is subject to the order\n(i) has his principal residence or (ii) has engaged in any conduct upon which\nthe petition for the emergency substantial risk order is based.\n\nI. A proceeding for a substantial risk order shall be a separate civil legal\nproceeding subject to the same rules as civil proceedings.\n\nHISTORY: 2020, cc. 887, 888.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}