Virginia 'Red Flag' Law (ERPO)

Summary

Virginia's Extreme Risk Protective Order (ERPO) law allows police and courts to temporarily confiscate firearms from individuals who are deemed a significant danger to themselves or others.

Rights & Rules

01.
Only a Commonwealth's Attorney (prosecutor) or a police officer can officially file a petition for an ERPO in Virginia. (Family members cannot file directly, they must go through the police).
02.
A judge or magistrate must review the evidence. If they agree there is a substantial risk, they will issue an order forcing the person to surrender all firearms and concealed carry permits.
03.
The initial order lasts for 14 days, after which a full court hearing is held where the gun owner can defend themselves.
04.
If the judge upholds the order at the hearing, the gun confiscation can last for up to 180 days.

Penalties

01.
If a person subject to an ERPO refuses to surrender their firearms or attempts to buy a new gun, they commit a Class 1 misdemeanor, punishable by up to a year in jail.

Verified Citations

Code of Virginia Section 19.2-152.13

Source

"Upon the petition of an attorney for the Commonwealth or a law-enforcement officer, a judge or magistrate may issue an emergency substantial risk order... prohibiting the person who is subject to the order from purchasing, possessing, or transporting a firearm..."