What is an Emergency Substantial Risk Order?
Virginia Code § 19.2-152.13 provides that under limited emergency situations, firearms may be temporarily relinquished to law enforcement, pursuant to an Emergency Substantial Risk Order (ESRO).
Obtaining an Emergency Substantial Risk Order
Following an independent investigation, law enforcement can petition for an ESRO with a judge or magistrate if probable cause exists that a person poses a substantial risk of injury to him/herself or others in the near future by their possession or acquisition of a firearm. If the judge or magistrate agrees that probable cause exists as described above, an ESRO will be issued which “prohibit[s] the person who is subject to the order from purchasing, possessing, or transporting a firearm for the duration of the order.”
What happens after an Emergency Substantial Risk Order is issued?
Law enforcement will serve the ESRO on the person subject to the order and direct that individual to turn over or relinquish any firearms in their possession to law enforcement. No later than 14 days after the issuance of the ESRO, the Arlington County Circuit Court will hold a hearing to determine whether a substantial risk order should be entered. If the court finds by clear and convincing evidence that the person poses a substantial risk of personal injury to himself or to other individuals in the near future by such person's possession or acquisition of a firearm, the court will issue a substantial risk order. The order will prohibit the individual from purchasing, possessing, or transporting a firearm for the duration of the order (up to 180 days). A substantial risk order may continue to be extended if the court finds that the person continues to pose a substantial risk of personal injury to him/herself or to other individuals in the near future by such person's possession or acquisition of a firearm.
Can I request an Emergency Substantial Risk Order?
If you know of someone with a firearm acting in a concerning or threatening way, call the Emergency Communications Center at 703-558-2222 or 9-1-1 in an emergency. The responding officer will conduct an independent investigation and this process provides necessary procedural safeguards to ensure that no firearm is removed without due process.