VirginiaHB9012026 Regular SessionHouse

Substantial risk orders; eligible petitioners, court jurisdiction, constr. possession of firearms.

Sponsored By: Richard C. "Rip" Sullivan, Jr. (Democratic)

Signed by Governor

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.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 2 costs, 1 mixed.

Deliberate lies in firearm cases bring penalties

Knowingly and willfully making a materially false statement in a firearm-risk investigation or petition process is a Class 1 misdemeanor. This covers statements to investigating officers or Commonwealth's attorneys, and to courts or magistrates during petitioning. An ordinary mistake does not meet the knowing-and-willful requirement.

Firearm restrictions continue through court delays

Courts can extend an emergency firearm-risk order for up to 14 additional days after a missed hearing. This applies only when the person lacked personal service of hearing notice or was jailed and not transported to court. The extended order must set a hearing date and be served on the person. A substantial risk order also stays in force while an appeal is pending.

More courts can restrict firearm access

Virginia circuit, general district, and juvenile court judges, plus magistrates, can issue emergency firearm orders without advance notice. Probable cause must show a substantial, near-future risk of injury to the person or others through firearm possession or acquisition. A hearing must occur within 14 days in the issuing court, or circuit court for magistrate-issued orders. Juvenile and domestic relations courts can hear risk-order petitions involving minors, without changing the standard for an order. For a substantial risk order, judges must weigh relevant evidence, including listed risk factors, and require clear and convincing proof.

Sponsors & Cosponsors

Sponsor

  • Richard C. "Rip" Sullivan, Jr.

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 153 • No: 68

Senate vote • 2/25/2026

Passed Senate

Yes: 21 • No: 19

Senate vote • 2/24/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/24/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 2/23/2026

Reported from Courts of Justice

Yes: 9 • No: 5

House vote • 2/17/2026

Read third time and passed House

Yes: 62 • No: 34

House vote • 2/11/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 7

House vote • 2/9/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 3

House vote • 1/30/2026

Referred from Public Safety and referred to Courts of Justice (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0698)

    4/13/2026Governor
  2. Approved by Governor-Chapter 698 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB901)

    3/2/2026House
  6. Bill text as passed House and Senate (HB901ER)

    3/2/2026House
  7. Enrolled

    3/2/2026House
  8. Signed by President

    3/2/2026Senate
  9. Signed by Speaker

    3/2/2026House
  10. Fiscal Impact Statement from Department of Planning and Budget (HB901)

    2/26/2026House
  11. Passed Senate (21-Y 19-N 0-A)

    2/25/2026Senate
  12. Read third time

    2/25/2026Senate
  13. Passed by for the day Block Vote (Voice Vote)

    2/24/2026Senate
  14. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    2/24/2026Senate
  15. Rules suspended

    2/24/2026Senate
  16. Reported from Courts of Justice (9-Y 5-N)

    2/23/2026Senate
  17. Referred to Committee for Courts of Justice

    2/18/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  19. Read third time and passed House (62-Y 34-N 0-A)

    2/17/2026House
  20. Engrossed by House - committee substitute

    2/16/2026House
  21. committee substitute agreed to

    2/16/2026House
  22. Read second time

    2/16/2026House
  23. Read first time

    2/13/2026House
  24. Committee substitute printed 26106702D-H1

    2/11/2026House
  25. Reported from Courts of Justice with substitute (15-Y 7-N)

    2/11/2026House

Bill Text

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