{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-152.14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-152.14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-152.14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-152.14.html"}],"law_id":54898,"edition_id":1,"section_id":54898,"structure_id":13870,"section_number":"19.2-152.14","catch_line":"Substantial risk order","history":"2020, cc. 887, 888.","full_text":"A\n\nNot later than 14 days after the issuance of an emergency substantial risk order pursuant to § 19.2-152.13, the circuit court for the jurisdiction where the order was issued shall hold a hearing to determine whether a substantial risk order should be entered. The attorney for the Commonwealth for the jurisdiction that issued the emergency substantial risk order shall represent the interests of the Commonwealth. Notice of the hearing shall be given to the person subject to the emergency substantial risk order and the attorney for the Commonwealth. Upon motion of the respondent and for good cause shown, the court may continue the hearing, provided that the order shall remain in effect until the hearing. The Commonwealth shall have the burden of proving all material facts by clear and convincing evidence. If the court finds by clear and convincing evidence that the person poses a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession or acquisition of a firearm, the court shall issue a 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 clear and convincing evidence for the issuance of an order exists, the judge 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. 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 that has not been taken into custody to the law-enforcement agency that served the emergency substantial risk order.B\n\nIf the court issues a substantial risk order pursuant to subsection A, the court shall (i) order that any firearm that was previously relinquished pursuant to § 19.2-152.13 from the person who is subject to the substantial risk order continue to be held by the agency that has custody of the firearm for the duration of the order and (ii) advise such person that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.\n\t\t\tIf the court finds that the person does not pose a substantial risk of personal injury to himself or to other individuals in the near future, the court shall order that any firearm that was previously relinquished be returned to such person in accordance with the provisions of § 19.2-152.15.C\n\nThe substantial risk order may be issued for a specified period of time up to a maximum of 180 days. The order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Prior to the expiration of the order, an attorney for the Commonwealth or a law-enforcement officer may file a written motion requesting a hearing to extend the order. Proceedings to extend an order shall be given precedence on the docket of the court. The court may extend the order for a period not longer than 180 days if the court finds by clear and convincing evidence that the person continues to pose a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession or acquisition of a firearm at the time the request for an extension is made. The extension of the order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued. The person who is subject to the order may file a motion to dissolve the order one time during the duration of the order; however, such motion may not be filed earlier than 30 days from the date the order was issued.D\n\nAny person whose firearm has been voluntarily relinquished pursuant to \u00a7 19.2-152.13 or this section, or such person’s legal representative, may transfer the firearm to another individual 21 years of age or older who is not otherwise prohibited by law from possessing such firearm, provided that:1\n\nThe person subject to the order and the transferee appear at the hearing;2\n\nAt the hearing, the attorney for the Commonwealth advises the court that a law-enforcement agency has determined that the transferee is not prohibited from possessing or transporting a firearm;3\n\nThe transferee does not reside with the person subject to the order;4\n\nThe court informs the transferee of the requirements and penalties under § 18.2-308.2:1; and5\n\nThe court, after considering all relevant factors and any evidence or testimony from the person subject to the order, approves the transfer of the firearm subject to such restrictions as the court deems necessary.\n\t\t\t\tThe law-enforcement agency holding the firearm shall deliver the firearm to the transferee within five days of receiving a copy of the court’s approval of the transfer.E\n\nThe court shall forthwith, but in all cases no later than the end of the business day on which the 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 and shall forthwith forward the attested copy of the order containing any such identifying information 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 and due return made to the court. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department into the VCIN and make due return to the court. If the person who is subject to an emergency substantial risk order fails to appear at the hearing conducted pursuant to this section because such person was not personally served with notice of the hearing pursuant to subsection A, or if personally served was incarcerated and not transported to the hearing, the court may extend the emergency substantial risk order for a period not to exceed 14 days. The extended emergency substantial risk order shall specify a date for a hearing to be conducted pursuant to this section and shall be served forthwith on such person and due return made 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 of State Police into the Virginia Criminal Information Network, and the order shall be served forthwith and due return made to the court.","order_by":null,"text":{"0":{"id":201387,"text":"Not later than 14 days after the issuance of an emergency substantial risk order pursuant to § 19.2-152.13, the circuit court for the jurisdiction where the order was issued shall hold a hearing to determine whether a substantial risk order should be entered. The attorney for the Commonwealth for the jurisdiction that issued the emergency substantial risk order shall represent the interests of the Commonwealth. Notice of the hearing shall be given to the person subject to the emergency substantial risk order and the attorney for the Commonwealth. Upon motion of the respondent and for good cause shown, the court may continue the hearing, provided that the order shall remain in effect until the hearing. The Commonwealth shall have the burden of proving all material facts by clear and convincing evidence. If the court finds by clear and convincing evidence that the person poses a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession or acquisition of a firearm, the court shall issue a 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 clear and convincing evidence for the issuance of an order exists, the judge 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. 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 that has not been taken into custody to the law-enforcement agency that served the emergency substantial risk order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201388,"text":"If the court issues a substantial risk order pursuant to subsection A, the court shall (i) order that any firearm that was previously relinquished pursuant to § 19.2-152.13 from the person who is subject to the substantial risk order continue to be held by the agency that has custody of the firearm for the duration of the order and (ii) advise such person that a law-enforcement officer may obtain a search warrant to search for any firearms from such person if such law-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession.\n\t\t\tIf the court finds that the person does not pose a substantial risk of personal injury to himself or to other individuals in the near future, the court shall order that any firearm that was previously relinquished be returned to such person in accordance with the provisions of § 19.2-152.15.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201389,"text":"The substantial risk order may be issued for a specified period of time up to a maximum of 180 days. The order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Prior to the expiration of the order, an attorney for the Commonwealth or a law-enforcement officer may file a written motion requesting a hearing to extend the order. Proceedings to extend an order shall be given precedence on the docket of the court. The court may extend the order for a period not longer than 180 days if the court finds by clear and convincing evidence that the person continues to pose a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession or acquisition of a firearm at the time the request for an extension is made. The extension of the order shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued. The person who is subject to the order may file a motion to dissolve the order one time during the duration of the order; however, such motion may not be filed earlier than 30 days from the date the order was issued.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201390,"text":"Any person whose firearm has been voluntarily relinquished pursuant to \u00a7 19.2-152.13 or this section, or such person’s legal representative, may transfer the firearm to another individual 21 years of age or older who is not otherwise prohibited by law from possessing such firearm, provided that:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":201391,"text":"The person subject to the order and the transferee appear at the hearing;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":201392,"text":"At the hearing, the attorney for the Commonwealth advises the court that a law-enforcement agency has determined that the transferee is not prohibited from possessing or transporting a firearm;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":201393,"text":"The transferee does not reside with the person subject to the order;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"7":{"id":201394,"text":"The court informs the transferee of the requirements and penalties under § 18.2-308.2:1; and","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"8":{"id":201395,"text":"The court, after considering all relevant factors and any evidence or testimony from the person subject to the order, approves the transfer of the firearm subject to such restrictions as the court deems necessary.\n\t\t\t\tThe law-enforcement agency holding the firearm shall deliver the firearm to the transferee within five days of receiving a copy of the court’s approval of the transfer.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"9":{"id":201396,"text":"The court shall forthwith, but in all cases no later than the end of the business day on which the 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 and shall forthwith forward the attested copy of the order containing any such identifying information 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 and due return made to the court. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department into the VCIN and make due return to the court. If the person who is subject to an emergency substantial risk order fails to appear at the hearing conducted pursuant to this section because such person was not personally served with notice of the hearing pursuant to subsection A, or if personally served was incarcerated and not transported to the hearing, the court may extend the emergency substantial risk order for a period not to exceed 14 days. The extended emergency substantial risk order shall specify a date for a hearing to be conducted pursuant to this section and shall be served forthwith on such person and due return made 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 of State Police into the Virginia Criminal Information Network, and the order shall be served forthwith and due return made to the court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-152.14\/","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":57863,"section_number":"19.2-152.13","catch_line":"Emergency substantial risk order","order_by":null,"url":"\/19.2-152.13\/"},{"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":61558,"section_number":"18.2-308.2:1","catch_line":"Prohibiting the selling, etc., of firearms to certain persons; penalties","order_by":null,"url":"\/18.2-308.2_1\/"},{"id":57863,"section_number":"19.2-152.13","catch_line":"Emergency substantial risk order","order_by":null,"url":"\/19.2-152.13\/"},{"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":171437,"object_type":"law","relational_id":54898,"identifier":"19.2-152.14","token":"19.2\/9.2\/19.2-152.14","url":"\/19.2-152.14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-152.14\/","token":"19.2\/9.2\/19.2-152.14","dublin_core":{"Title":"Substantial risk order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-152.14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Not later than 14 days after the issuance of an emergency substantial risk order<\/span> pursuant to § 19.2-152.13<\/a>, the circuit<\/span> court<\/span> for the jurisdiction<\/span> where the order<\/span> was issued shall hold a hearing<\/span> to determine whether a substantial risk order<\/span> should be entered. The attorney for the Commonwealth for the jurisdiction<\/span> that issued the emergency substantial risk order<\/span> shall represent the interests of the Commonwealth. Notice of the hearing<\/span> shall be given to the person subject to the emergency substantial risk order<\/span> and the attorney for the Commonwealth. Upon motion<\/span> of the respondent and for good cause shown, the court<\/span> may continue the hearing<\/span>, provided that the order<\/span> shall remain in effect until the hearing<\/span>. The Commonwealth shall have the burden of proving all material<\/span> facts<\/span> by clear and convincing evidence<\/span>. If the court<\/span> finds by clear and convincing evidence<\/span> that the person poses a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession<\/span> or acquisition of a firearm, the court<\/span> shall issue<\/span> a 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 clear and convincing evidence<\/span> for the issuance of an order<\/span> exists, the judge<\/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. 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 that has not been taken into custody<\/span> to the law<\/span>-enforcement agency that served the emergency substantial risk order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> issues<\/span> a substantial risk order<\/span> pursuant to subsection A, the court<\/span> shall (i) order<\/span> that any firearm that was previously relinquished pursuant to § 19.2-152.13<\/a> from the person who is subject to the substantial risk order<\/span> continue to be held by the agency that has custody<\/span> of the firearm for the duration of the order<\/span> and (ii) advise such person that a law<\/span>-enforcement officer may obtain a search warrant<\/span> to search for any firearms from such person if such law<\/span>-enforcement officer has reason to believe that such person has not relinquished all firearms in his possession<\/span>.\n\t\t\tIf the court<\/span> finds that the person does not pose a substantial risk of personal injury to himself or to other individuals in the near future, the court<\/span> shall order<\/span> that any firearm that was previously relinquished be returned to such person in accordance with the provisions of § 19.2-152.15<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The substantial risk order<\/span> may be issued for a specified period of time up to a maximum of 180 days. The order<\/span> shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Prior to the expiration of the order<\/span>, an attorney for the Commonwealth or a law<\/span>-enforcement officer may file a written motion<\/span> requesting a hearing<\/span> to extend the order<\/span>. Proceedings to extend an order<\/span> shall be given precedence on the docket<\/span> of the court<\/span>. The court<\/span> may extend the order<\/span> for a period not longer than 180 days if the court<\/span> finds by clear and convincing evidence<\/span> that the person continues to pose a substantial risk of personal injury to himself or to other individuals in the near future by such person’s possession<\/span> or acquisition of a firearm at the time the request for an extension is made. The extension of the order<\/span> shall expire at 11:59 p.m. on the last day specified or at 11:59 p.m. on the last day of the 180-day period if no date is specified. Nothing herein shall limit the number of extensions that may be requested or issued. The person who is subject to the order<\/span> may file a motion<\/span> to dissolve the order<\/span> one time during the duration of the order<\/span>; however, such motion<\/span> may not be filed earlier than 30 days from the date the order<\/span> was issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person whose firearm has been voluntarily relinquished pursuant to \u00a7 19.2-152.13<\/a> or this section, or such person’s legal representative, may transfer the firearm to another individual 21 years of age or older who is not otherwise prohibited by law<\/span> from possessing such firearm, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person subject to the order<\/span> and the transferee appear at the hearing<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> At the hearing<\/span>, the attorney for the Commonwealth advises the court<\/span> that a law<\/span>-enforcement agency has determined that the transferee is not prohibited from possessing or transporting a firearm; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The transferee does not reside with the person subject to the order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The court<\/span> informs the transferee of the requirements and penalties under § 18.2-308.2:1<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The court<\/span>, after considering all relevant factors and any evidence<\/span> or testimony<\/span> from the person subject to the order<\/span>, approves the transfer of the firearm subject to such restrictions as the court<\/span> deems necessary.\n\t\t\t\tThe law<\/span>-enforcement agency holding the firearm shall deliver the firearm to the transferee within five days of receiving a copy of the court<\/span>’s approval of the transfer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall forthwith, but in all cases no later than the end of the business day on which the 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> and shall forthwith forward the attested copy of the order<\/span> containing any such identifying information 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> and due return made to the court<\/span>. Upon service, the agency making service shall enter the date and time of service and other appropriate information required by the Department into the VCIN and make due return to the court<\/span>. If the person who is subject to an emergency substantial risk order<\/span> fails to appear at the hearing<\/span> conducted pursuant to this section because such person was not personally served with notice of the hearing<\/span> pursuant to subsection A, or if personally served was incarcerated and not transported to the hearing<\/span>, the court<\/span> may extend the emergency substantial risk order<\/span> for a period not to exceed 14 days. The extended emergency substantial risk order<\/span> shall specify a date for a hearing<\/span> to be conducted pursuant to this section and shall be served forthwith on such person and due return made 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 of State Police into the Virginia Criminal Information Network, and the order<\/span> shall be served forthwith and due return made to the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBSTANTIAL RISK ORDER (\u00a7 19.2-152.14)\n\nA. Not later than 14 days after the issuance of an emergency substantial risk\norder pursuant to § 19.2-152.13, the circuit court for the jurisdiction\nwhere the order was issued shall hold a hearing to determine whether a\nsubstantial risk order should be entered. The attorney for the Commonwealth for\nthe jurisdiction that issued the emergency substantial risk order shall\nrepresent the interests of the Commonwealth. Notice of the hearing shall be\ngiven to the person subject to the emergency substantial risk order and the\nattorney for the Commonwealth. Upon motion of the respondent and for good cause\nshown, the court may continue the hearing, provided that the order shall remain\nin effect until the hearing. The Commonwealth shall have the burden of proving\nall material facts by clear and convincing evidence. If the court finds by clear\nand convincing evidence that the person poses a substantial risk of personal\ninjury to himself or to other individuals in the near future by such\nperson’s possession or acquisition of a firearm, the court shall issue a\nsubstantial risk order. Such order shall prohibit the person who is subject to\nthe order from purchasing, possessing, or transporting a firearm for the\nduration of the order. In determining whether clear and convincing evidence for\nthe issuance of an order exists, the judge shall consider any relevant evidence\nincluding any recent act of violence, force, or threat as defined in §\n19.2-152.7:1 by such person directed toward another person or toward himself.\nThe order shall contain a statement (i) informing the person who is subject to\nthe order of the requirements and penalties under § 18.2-308.1:6, including\nthat it is unlawful for such person to purchase, possess, or transport a firearm\nfor the duration 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 that has not been taken into\ncustody to the law-enforcement agency that served the emergency substantial risk\norder.\n\nB. If the court issues a substantial risk order pursuant to subsection A, the\ncourt shall (i) order that any firearm that was previously relinquished pursuant\nto § 19.2-152.13 from the person who is subject to the substantial risk\norder continue to be held by the agency that has custody of the firearm for the\nduration of the order and (ii) advise such person that a law-enforcement officer\nmay obtain a search warrant to search for any firearms from such person if such\nlaw-enforcement officer has reason to believe that such person has not\nrelinquished all firearms in his possession.\n\t\t\tIf the court finds that the person does not pose a substantial risk of\npersonal injury to himself or to other individuals in the near future, the court\nshall order that any firearm that was previously relinquished be returned to\nsuch person in accordance with the provisions of § 19.2-152.15.\n\nC. The substantial risk order may be issued for a specified period of time up to\na maximum of 180 days. The order shall expire at 11:59 p.m. on the last day\nspecified or at 11:59 p.m. on the last day of the 180-day period if no date is\nspecified. Prior to the expiration of the order, an attorney for the\nCommonwealth or a law-enforcement officer may file a written motion requesting a\nhearing to extend the order. Proceedings to extend an order shall be given\nprecedence on the docket of the court. The court may extend the order for a\nperiod not longer than 180 days if the court finds by clear and convincing\nevidence that the person continues to pose a substantial risk of personal injury\nto himself or to other individuals in the near future by such person’s\npossession or acquisition of a firearm at the time the request for an extension\nis made. The extension of the order shall expire at 11:59 p.m. on the last day\nspecified or at 11:59 p.m. on the last day of the 180-day period if no date is\nspecified. Nothing herein shall limit the number of extensions that may be\nrequested or issued. The person who is subject to the order may file a motion to\ndissolve the order one time during the duration of the order; however, such\nmotion may not be filed earlier than 30 days from the date the order was issued.\n\nD. Any person whose firearm has been voluntarily relinquished pursuant to \u00a7\n19.2-152.13 or this section, or such person’s legal representative, may\ntransfer the firearm to another individual 21 years of age or older who is not\notherwise prohibited by law from possessing such firearm, provided that:\n\n 1. The person subject to the order and the transferee appear at the hearing;\n\n 2. At the hearing, the attorney for the Commonwealth advises the court that a\n law-enforcement agency has determined that the transferee is not prohibited\n from possessing or transporting a firearm;\n\n 3. The transferee does not reside with the person subject to the order;\n\n 4. The court informs the transferee of the requirements and penalties under\n § 18.2-308.2:1; and\n\n 5. The court, after considering all relevant factors and any evidence or\n testimony from the person subject to the order, approves the transfer of the\n firearm subject to such restrictions as the court deems necessary.\n \t\t\t\tThe law-enforcement agency holding the firearm shall deliver the firearm\n to the transferee within five days of receiving a copy of the court’s\n approval of the transfer.\n\nE. The court shall forthwith, but in all cases no later than the end of the\nbusiness day on which the substantial risk order was issued, enter and transfer\nelectronically to the Virginia Criminal Information Network (VCIN) established\nand maintained by the Department of State Police (Department) pursuant to\nChapter 2 (§ 52-12 et seq.) of Title 52 the identifying information of the\nperson who is subject to the order provided to the court and shall forthwith\nforward the attested copy of the order containing any such identifying\ninformation to the primary law-enforcement agency responsible for service and\nentry of the order. Upon receipt of the order by the primary law-enforcement\nagency, the agency shall forthwith verify and enter any modification as\nnecessary to the identifying information and other appropriate information\nrequired by the Department into the VCIN and the order shall be served forthwith\nupon the person who is subject to the order and due return made to the court.\nUpon service, the agency making service shall enter the date and time of service\nand other appropriate information required by the Department into the VCIN and\nmake due return to the court. If the person who is subject to an emergency\nsubstantial risk order fails to appear at the hearing conducted pursuant to this\nsection because such person was not personally served with notice of the hearing\npursuant to subsection A, or if personally served was incarcerated and not\ntransported to the hearing, the court may extend the emergency substantial risk\norder for a period not to exceed 14 days. The extended emergency substantial\nrisk order shall specify a date for a hearing to be conducted pursuant to this\nsection and shall be served forthwith on such person and due return made to the\ncourt. If the order is later dissolved or modified, a copy of the dissolution or\nmodification order shall also be attested and forwarded forthwith to the primary\nlaw-enforcement agency responsible for service and entry of the order. Upon\nreceipt of the dissolution or modification order by the primary law-enforcement\nagency, the agency shall forthwith verify and enter any modification as\nnecessary to the identifying information and other appropriate information\nrequired by the Department of State Police into the Virginia Criminal\nInformation Network, and the order shall be served forthwith and due return made\nto the court.\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}}