Strengthening Virginia’s Extreme Risk Protective Orders (ERPOs) to Save Lives
In Virginia, Extreme Risk Protection Orders — legally known as Substantial Risk Orders (SROs) — are a critical tool for preventing gun violence before tragedy strikes. Popularly called “red flag laws,” these laws allow courts to temporarily remove firearms from individuals who pose a significant danger to themselves or others. While Virginia’s law has already helped keep guns out of dangerous situations, there is more we can do this session to improve its effectiveness and accessibility.
🛡️ What Virginia’s Current “Red Flag” Law Does
Virginia’s SRO law was enacted in 2020 and went into effect on July 1, 2020. It creates a two-step civil process:
Emergency Substantial Risk Order (ESRO) – A judge can issue a temporary order (up to 14 days) without the respondent present if there is probable cause that a person poses a substantial risk of harm to themselves or others by possessing or purchasing a firearm.
Final Substantial Risk Order (SRO) – Within 14 days of an ESRO, a hearing must be held. If the court finds clear and convincing evidence that the person poses a substantial risk, the judge can issue a final order lasting up to 180 days and may extend it with further hearings.
While these orders are active, the individual:
Cannot purchase, possess, or transport firearms.
Must surrender their concealed handgun permit.
May voluntarily relinquish firearms to law enforcement or, with court approval, transfer them to a lawful third party.
Currently, only law enforcement officers or the Commonwealth’s Attorney (local prosecutor) may petition for an emergency or final substantial risk order — even though many times family members, clinicians, or others are the first to recognize warning signs of a crisis.
📈 Why Improving ERPOs Matters in Virginia
Since the law’s enactment:
Thousands of emergency orders have been issued statewide, demonstrating that this tool is being used, but experts say it’s still underutilized — particularly in areas without robust law enforcement awareness or training.
The process is reactive — requiring law enforcement or prosecutors to act — which can delay intervention even when loved ones see clear warning signs.
Advocates argue that expanding access and clarifying procedures could help prevent suicides and mass shootings by involving trusted family members and medical professionals earlier in the process.
🧩 Bills in the 2026 Session to Improve ERPOs
This General Assembly session includes proposals to make Virginia’s ERPO system stronger and more accessible:
📌 HB 901 – Expand Who Can Petition for an ERPO
What it does: This bill would expand the list of people eligible to petition for emergency and final substantial risk orders. Currently, only law enforcement and Commonwealth’s Attorneys can file. Under HB 901, immediate family members, certain medical professionals, and others who know the person’s behavior firsthand could bring petitions to court.
Why it matters: Family members and clinicians are often the first to notice escalating risk — giving them a direct path to ask for a risk order could prevent harm sooner.
Status: The bill has been advanced by a House subcommittee, reflecting bipartisan interest in improving safety tools.
📌 SB 495 – Clarify Risk Factors and Procedures
What it does: This bill would revise the statutory framework for substantial risk orders, including factors courts must consider and clarifying who may petition and how courts should evaluate risk.
Why it matters: Clear, codified criteria help judges make consistent decisions and ensure risk orders are applied fairly and effectively.
📌 What This Means for Virginia Families
Strengthening Virginia’s ERPO law would:
Give loved ones and trusted professionals a more direct way to intervene when someone is escalating toward crisis.
Promote earlier action to prevent suicides, domestic violence, and mass shootings.
Improve procedural clarity for courts so dangerous situations are evaluated consistently and fairly.
ERPO laws are a life-saving tool, and improving access while protecting due process aligns with both public safety and individual rights. As these bills move through the General Assembly, it’s vital that Virginians stay informed and engaged — and let their legislators know that preventing deaths and injuries from gun violence matters here at home.