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Please continue scrolling below the dashboard for more information about Substantial Risk Orders.
WHAT IS A RED FLAG ORDER?
In 2020, Virginia passed a Red Flag Law that enables law enforcement to temporarily remove weapons from someone who may pose a danger to themselves or others. Commonly known as Red Flag Orders, in Virginia they are known as Emergency Substantial Risk Orders (ESROs). An ESRO lasts for 14 days, after which the order may be extended at a court hearing. The subsequent Substantial Risk Order (SRO) can be granted for up to 180 days and can be extended beyond that through the court process. 
Concerned community or family members can initiate an ESRO by notifying the police department or the commonwealth’s attorney. Police then conduct an independent investigation and, if there is enough evidence, obtain an ESRO from a magistrate or judge.
ESROs are obtained ex parte (meaning the respondents are not present, since time is of the essence) and then served to respondents, who must turn over any firearms at that time to police. The respondent is informed of their upcoming court date (as of May 2023, the latest possible Thursday that still falls within the 14-day window) and that they are not allowed to possess, purchase, or transport firearms until the order expires.
On the day of the court hearing, which happens in the Fairfax County Circuit Court, a judge will determine whether to grant an SRO after the ESRO expires, thereby extending the order for up to 180 days. The Commonwealth’s Attorney must present clear and convincing evidence that the respondent still presents a substantial risk of personal injury to themselves or others; the respondent can have an attorney and put on a defense. Evidence presented during the hearing may include calling witnesses, including the detectives who investigated and served the original ESRO or family members.
As the SRO expires, the Commonwealth will determine if evidence shows the respondent still presents a danger and whether it is in the safety interests of the community to extend the SRO. If the Commonwealth requests an extension, there is another court hearing and evidence provided, at which the judge can grant an extension for up to 180 days.
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