Virginia

Substantial Risk Order

Last updated 07/01/2026 Va. Code Ann. §§ 19.2-152.13 - 19.2-152.17
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Virginia’s Substantial Risk Order (SRO) law was signed by Gov. Ralph Northam on April 10, 2020. An SRO temporarily prohibits a respondent who poses a substantial risk of personal injury to self or others in the near future from purchasing, possessing, or transporting firearms, ammunition, firearms parts, and concealed handgun carry permits.1 The bill was amended effective July 1, 2026. In Virginia, eligible petitioners include law enforcement, family or household members (including a spouse, former spouse, child, parent, brother, sister, or any other person living in the same household as the respondent), intimate partners, mental health and health care providers, community services board designees, a school administrator or school administrator’s designee of a school at which the subject of the petition is currently enrolled or was enrolled within the 6 months preceding the filing of the petition, or attorneys for the Commonwealth.2

There are two types of risk orders: an emergency risk order and a final risk order.  All petitioners may request a risk order by filing a sworn affidavit with the court. An emergency SRO is in effect for up to 14 days until the hearing for an SRO.3 An emergency SRO may be extended until the end of the next day the court is in session if the 14 days expire on a day when the court is not in session. An SRO lasts up to 180 days. 4

As of July 2026, Virginia expressly allows for minors (individuals under 18 years of age) to be respondents to SROs. When the respondent is a minor, a copy of the order must be served on the parents or guardians of the minor at any address where the minor resides.

Virginia’s SRO law includes ex parte emergency SROs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of relevant evidence (e.g. the enumerated factors the judicial officer must consider) to issue an SRO.5

SROs, both emergency and final, may be issued in general district court, circuit court, or juvenile and domestic relations (JDR) court. SROs for minors may only be issued in JDR.

SROs include removal of firearms, firearm parts, ammunition, and any concealed carry handgun permit.

Virginia's Substantial Risk Order

Effective: July 1, 2020

Order Type Max Duration Burden of Proof Factors to Consider Who can petition for ERPO

Emergency Order

14

days

Probable cause

  • Any recent threats or acts of violence towards themselves, others, a group of people, or a location;
  • Any recent act of violence, force, or threat towards animal;
  • Any recent violations of protective orders;
  • Any emergency custody orders or voluntary or involuntary civil admissions orders;
  • Evidence of recent or ongoing abuse of controlled substances or alcohol;
  • Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or deadly weapons
  • Law enforcement;
  • Family and household members (including a spouse, former spouse, child, parent, brother, sister, or any other person living in the same household as the respondent);
  • Intimate partners;
  • Behavioral health and health care providers (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, or doctor of osteopathy);
  • Certified mental health evaluators;
  • Designees of the local community services board;
  • School administrators or superintendents of the school where the respondent is currently enrolled or has been enrolled in the last 6 months (or their designees, who may be representatives of the school threat assessment team);
  • Commonwealth’s attorneys

Final Order

180

days (up to)

Clear and convincing

Factors to Consider
  • Any recent threats or acts of violence towards themselves, others, a group of people, or a location;
  • Any recent act of violence, force, or threat towards animal;
  • Any recent violations of protective orders;
  • Any emergency custody orders or voluntary or involuntary civil admissions orders;
  • Evidence of recent or ongoing abuse of controlled substances or alcohol;
  • Evidence of recent acquisition or attempted acquisition of firearms, ammunition, or deadly weapons
Who can petition for ERPO
  • Law enforcement;
  • Family and household members (including a spouse, former spouse, child, parent, brother, sister, or any other person living in the same household as the respondent);
  • Intimate partners;
  • Behavioral health and health care providers (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, or doctor of osteopathy);
  • Certified mental health evaluators;
  • Designees of the local community services board;
  • School administrators or superintendents of the school where the respondent is currently enrolled or has been enrolled in the last 6 months (or their designees, who may be representatives of the school threat assessment team);
  • Commonwealth’s attorneys

Video Resources

  1. Law Enforcement Officers Using ERPOs with Amanda Paris

For more information about risk orders, visit the following:

Virginia District Court Forms

Emergency substantial risk order form

Fairfax County Page on Risk Orders

1 Va. Code Ann. § 19.2-152.13

2 Va. Code Ann. § 19.2-152.13

3 Va. Code Ann. § 19.2-152.14

4 Va. Code Ann. § 19.2-152.14

5 Va. Code Ann. § 19.2-152.13

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