Virginia's Emergency Substantial Risk Order law allows courts to issue ex parte orders prohibiting individuals from purchasing, possessing, or transporting firearms if they pose a substantial risk of harm to themselves or others. The order is based on probable cause, supported by law enforcement investigations and evidence of recent violent acts or threats. The law emphasizes safety and mandates firearm surrender and legal notices to the subject.
An attorney for the Commonwealth, a law enforcement officer, or a magistrate can petition for the order if there is probable cause that the individual poses a substantial risk of harm.
It prohibits the individual from purchasing, possessing, or transporting firearms for the duration of the order.
The order is issued ex parte, based on law enforcement investigation and probable cause, without the individual being present at the hearing.
They are required to surrender any firearms they possess and are informed of penalties for violating the order, including the unlawful possession of firearms.