Bill
Bill > HB901
VA HB901
VA HB901Substantial risk orders; eligible petitioners, court jurisdiction, constr. possession of firearms.
summary
Introduced
01/13/2026
01/13/2026
In Committee
02/23/2026
02/23/2026
Crossed Over
02/16/2026
02/16/2026
Passed
04/13/2026
04/13/2026
Dead
Signed/Enacted/Adopted
04/13/2026
04/13/2026
Introduced Session
2026 Regular Regular Session
Bill Summary
Substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty. Expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill provides various factors that a judge or magistrate shall consider for the purpose of determining whether to issue an emergency substantial risk order or a substantial risk order. The bill expands court jurisdiction over substantial risk orders from circuit courts to juvenile and domestic relations district courts and general district courts and requires petitions against minors to be filed in juvenile and domestic relations district courts. The bill requires a copy of the order to be served on the parent or guardian of the minor at any address where the minor resides or the local board of social services in the case where the minor is the subject of a dependency or court-approved out-of-home placement. The bill also provides the process for which firearms not owned by the subject of a petition are returned to the lawful owner of such firearms. The bill provides that any emergency substantial risk order or substantial risk order issued remains in full force and effect pending any appeal. Lastly, the bill provides that any person that makes a materially false statement or representation to a court during the petitioning process is guilty of a Class 1 misdemeanor. This bill is identical to SB 495.
AI Summary
This bill expands the types of individuals who can petition for an emergency substantial risk order, which is a court order to temporarily prohibit someone from possessing firearms if they are deemed a risk to themselves or others. It also broadens the factors a judge or magistrate must consider when deciding whether to issue such an order, including recent acts of violence, threats, animal abuse, violations of protective orders, substance abuse, and firearm acquisition. The bill transfers jurisdiction for these orders from circuit courts to general district courts and juvenile and domestic relations district courts, with petitions against minors specifically going to juvenile and domestic relations district courts. When an order involves a minor, a copy must be served on their parent or guardian, or the local social services board if the minor is in foster care. The bill also clarifies the process for returning firearms that are legally owned by someone other than the person subject to the order, ensuring they are stored safely away from the respondent. Finally, it establishes that any emergency substantial risk order or substantial risk order remains in effect during an appeal and makes it a Class 1 misdemeanor to knowingly provide false information to a court during the petitioning process.
Committee Categories
Justice
Sponsors (4)
Last Action
Acts of Assembly Chapter text (CHAP0698) (on 04/13/2026)
Bill Topics
Law, Crime, and Family Issues
- ‐ Court Administration
- ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
- ‐ Firearms and Gun Control
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...