VirginiaHB9012026 Regular SessionHouseWALLET

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

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

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

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

Fast, confidential abortion process for minors

Courts must decide a minor’s petition for abortion authorization as soon as possible and within four days, with a confidential appeal decided within five days. The case and records are confidential; the court advises the minor of the right to a lawyer and appoints one if asked. The minor pays no filing fees at trial or on appeal. If a court misses the deadlines, it must immediately authorize a physician to perform the abortion without consent or notice. A physician who breaks these juvenile authorization rules commits a Class 3 misdemeanor.

Longer gun risk orders and custody rules

Within 14 days of the emergency order, the court holds a hearing, and the Commonwealth must prove risk by clear and convincing evidence. If proven, the court issues a substantial risk order for up to 180 days and can renew it; you may file one motion to end it after 30 days. The order bans buying, having, or carrying guns, requires surrender of any concealed handgun permit, and keeps surrendered guns with police; police may seek a search warrant if they think not all guns were given up. The court may approve a transfer to a vetted adult age 21+ who does not live with you, or return guns to a lawful owner who proves safe storage; police must deliver an approved transfer within five days. These orders stay in force during an appeal and are handled as civil cases.

Fast emergency orders to remove guns

Judges or magistrates can issue an emergency gun order without the other side present when there is probable cause of near-term harm. The order starts only after personal service and ends at 11:59 p.m. on the 14th day. It bans buying, having, or carrying guns and requires surrender of any concealed handgun permit and firearms; police must take custody, give a detailed receipt, and file an inventory. Courts enter the order in the Virginia Criminal Information Network the same business day and send it to the serving agency. Cases can be filed where the person lives or where the behavior occurred, and parents or social services are notified when a minor is named.

Who can ask for gun risk orders

Commonwealth’s Attorneys, police, certain licensed behavioral‑health professionals, certified evaluators, community services board designees, immediate family or household members, intimate partners, school leaders (or their designees), judges, and magistrates can petition for an emergency gun order. Before filing, police must do an independent investigation and find grounds. When police get credible information about a gun risk, they must investigate whether to seek an emergency order. It is a Class 1 misdemeanor to knowingly make a materially false statement in these investigations or petitions.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

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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