                                 CODE OF VIRGINIA

SUBSTANTIAL RISK ORDER (§ 19.2-152.14)

A. Not later than 14 days after the issuance of an emergency substantial risk
order pursuant to &#xA7; 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&#8217;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 &#xA7;
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 &#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 that has not been taken into
custody to the law-enforcement agency that served the emergency substantial risk
order.

B. 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 &#xA7; 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.
			If 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 &#xA7; 19.2-152.15.

C. 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&#8217;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. Any person whose firearm has been voluntarily relinquished pursuant to §
19.2-152.13 or this section, or such person&#8217;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. The person subject to the order and the transferee appear at the hearing;

   2. 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;

   3. The transferee does not reside with the person subject to the order;

   4. The court informs the transferee of the requirements and penalties under
   &#xA7; 18.2-308.2:1; and

   5. 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.
   				The law-enforcement agency holding the firearm shall deliver the firearm
   to the transferee within five days of receiving a copy of the court&#8217;s
   approval of the transfer.

E. 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 (&#xA7; 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.

HISTORY: 2020, cc. 887, 888.