                                 CODE OF VIRGINIA

EMERGENCY SUBSTANTIAL RISK ORDER (§ 19.2-152.13)

A. 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&#8217;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 &#xA7; 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 &#xA7; 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. The petition for an emergency substantial risk order shall be made under oath
and shall be supported by an affidavit.

C. 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.

D. 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.

E. 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 &#xA7; 19.2-152.14 and may be represented by counsel at the
hearing.

F. 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 (&#xA7; 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. 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.

H. 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.

I. A proceeding for a substantial risk order shall be a separate civil legal
proceeding subject to the same rules as civil proceedings.

HISTORY: 2020, cc. 887, 888.