Gun control law
One of the new laws that was passed this year is commonly referred to as a red flag law, and it's a gun control law here in Virginia. This is the first time that this is starting in this year is it gives the police and the court the ability to remove guns and firearms from people that they determine to be a substantial risk to themselves or others. So the way it works is that there has to be an investigation by the police, and if the police determine that the person is a threat to themselves or others, and they can petition for a two week protective order, and it's called a substantial Risk protective order in Virginia, once that order is entered by the magistrate or a judge, then the police go and they serve that warrant on the person and they have to confiscate any firearms in that person's possession.
Opportunity to voluntarily surrender
Initially, the police are supposed to give the person against whom the protective order was issued the opportunity to voluntarily surrender the firearms. After 14 days, the person has a right to a full hearing where they can present evidence and hear the testimony against them, and it goes before the circuit court judge of the city or county in which the person lives. And in this case, the Commonwealth's attorney, which is the prosecutor, is responsible for presenting the case. So the Commonwealth's attorney will have to prove to the court that the person is a substantial risk to themselves or others, and the court can issue a permanent, substantial risk protective order to remove the firearms from that individual. One of the differences about these protective orders, as opposed to a lot of the protective orders that we normally see in the case of say, domestic violence, is that this protective order can only be issued for six months.
Duration
So the permanent one really only lasts for six months, and then if they show that there's still a risk, it can be extended for an additional six months. At the end of that, when the protective order is over, the police have to return the firearms to the person against whom the protective order was issued. Certainly, if you're in a situation where somebody is seeking to get a substantial risk protective order against you, it makes sense to speak to an attorney because an attorney may be able to present your case to the court to prove that your guns should not be removed, that you're not a substantial risk. Likewise, if you're a person who is fearful of someone they know being a risk to themselves or others, our office is open for consultations as to whether going to the police to seek a substantial risk, protective order is appropriate, and we can walk you through those steps.
YouTube Video Link: https://www.youtube.com/watch?v=9VOLKp44VEs
Credit: Rebecca Wade, Esq. Old Town Lawyers
Also, read https://www.whycastlekeepers.com/2024/05/06/red-flag-laws-what-are-they-and-what-states-have-them/