Virginia statute
Va. Code Ann. § 19.2-152.13 — Emergency substantial risk order
Current through 2026 Regular Session
Part of Chapter 9.2: Substantial Risk Orders, Code of Virginia.
Full text of Va. Code Ann. § 19.2-152.13
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. As used in this section:
"Act of violence, force, or threat" means the same as that term is defined in § 19.2-152.7:1 .
"Certified evaluator" means an individual with an educational attainment of a master's or doctoral degree with an associated professional license who (i) is skilled in the assessment and treatment of mental illness; (ii) has completed a training and certification program approved by the Department; (iii) has received a prescreener orientation presentation developed by the Department in consultation with the Virginia Association of Community Services Boards, which shall include information on determining the least restrictive treatment available for the person being evaluated pursuant to subsection G of § 37.2-817.01 .
"Department" means the Department of State Police.
"Designee of the local community services board" means the same as that term is defined in § 37.2-809 .
"Immediate family or household member" means a spouse, former spouse, child, parent, brother, sister, or any other person living in the same household as the respondent.
"Intimate partner" means an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship.
B. Upon the petition of an attorney for the Commonwealth, a law-enforcement officer, licensed professional counselor, licensed clinical social worker, licensed marriage and family therapist, licensed clinical psychologist, licensed clinical psychiatrist, licensed psychiatric nurse practitioner, psychiatric physician assistant, psychiatric clinical nurse specialist, doctor of medicine, doctor of osteopathy, certified evaluator, designee of the local community services board, immediate family or household member, intimate partner, school administrator, or superintendent or superintendent's designee, who may be a representative from the threat assessment team established pursuant to § 22.1-79.4 , of any school in which the person against whom the order is sought is currently enrolled or has been enrolled in the six months preceding the filing of such petition, a judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate, upon a finding at an ore tenus hearing 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, but not limited to:
1. Any recent act of violence, force, or threat by such person directed toward another person, himself, a group of persons, or a location;
2. Any recent act of violence, force, or threat by the subject of the petition toward an animal;
3. Any recent violation of any provision of a protective order issued pursuant to § 16.1-253 , 16.1-253.1 , 16.1-253.4 , 16.1-278.14 , 16.1-279.1 , 19.2-152.8 , or 19.2-152.10 ;
4. Any order entered pursuant to Chapter 8 (§ 37.2-800 et seq.) of Title 37.2;
5. Evidence of recent or ongoing abuse of controlled substances or alcohol; or
6. Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or deadly weapons.
Such information may be alleged by the petitioner in his petition or may be offered through testimony at such hearing by the petitioner or any witnesses he may call to support his position. 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.
C. The petition for an emergency substantial risk order shall be made under oath and shall be supported by an affidavit.
D. Upon receiving credible information 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, law enforcement shall take the proper steps necessary to determine whether grounds exist to file an emergency substantial risk order petition pursuant to this section.
E. 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.
F. 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 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 court is in session. The person who is subject to the order may at any time file with the court a motion to dissolve the order.
G. 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. When an emergency substantial risk order is issued against a minor, a copy of the order shall be served on the parent or guardian of such minor at any address where such minor resides, or the local board of social services in the case where such minor is the subject of a dependency or court-approved out-of-home placement.
H. 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 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 court, the clerk of the 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.
I. The law-enforcement agency that serves the emergency substantial risk order shall make due return to the court, which shall be accompanied by a written inventory of all firearms relinquished.
J. 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.
K. A proceeding for a substantial risk order shall be a separate civil legal proceeding subject to the same rules as civil proceedings.
L. Notwithstanding the provisions of subsection F, any emergency substantial risk order issued pursuant to this section shall remain in full force and effect pending any appeal.
Official sources
Legal terms used in this section
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