VirginiaSB4952026 Regular SessionSenate

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

Sponsored By: R. Creigh Deeds (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 HB 901.

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Bill Overview

Analyzed Economic Effects

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

More courts hear firearm risk cases

Circuit, general district, and juvenile court judges, as well as magistrates, can issue emergency firearm risk orders. They must hold an oral hearing and find probable cause of a near-future injury risk from firearm possession or acquisition. Juvenile and domestic relations district courts can hear emergency and longer-term firearm risk petitions involving minors. The later hearing takes place in the court that issued the emergency order. If a magistrate issued it, the local circuit court holds that hearing.

More people can seek firearm restrictions

More people can ask for a court order restricting someone's firearm access because of a safety risk. They include certain licensed medical and mental-health professionals, certified evaluators, and local community services board designees. Immediate family members, household members, and intimate partners can also file, alongside prosecutors and law-enforcement officers. An intimate partner must have had a romantic, dating, or sexual relationship with the person within the past 12 months. School administrators and superintendents' designees can file about students enrolled now or within the six months before filing.

Firearm owners gain limited transfer options

People whose firearms were surrendered under a substantial risk order, or their legal representatives, can request court-approved transfers. The recipient must be at least 21, live apart from the person under the order, and legally possess or transport firearms. Both people must attend the hearing. The prosecutor must confirm that law enforcement found the recipient legally eligible. The court reviews relevant facts, can set limits, and must explain the rules and penalties to the recipient. The holding agency must deliver the firearm within five days after receiving approval. A different person proven to be the lawful owner can receive the firearm only if legally allowed to possess it. That owner must verify safe storage in writing that keeps it outside the restricted person's custody, control, or possession. The owner must also be told about applicable penalties.

Sponsors & Cosponsors

Sponsor

  • R. Creigh Deeds

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 147 • No: 65

House vote • 2/23/2026

Passed House with amendment

Yes: 63 • No: 34

House vote • 2/18/2026

Reported from Courts of Justice with amendment(s)

Yes: 15 • No: 7

Senate vote • 2/10/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote • 2/9/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote • 2/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/6/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 2/4/2026

Reported from Courts of Justice with substitute

Yes: 9 • No: 5

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0699)

    4/13/2026Governor
  2. Approved by Governor-Chapter 699 (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

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB495)

    2/27/2026Senate
  6. Bill text as passed Senate and House (SB495ER)

    2/27/2026Senate
  7. Enrolled

    2/27/2026Senate
  8. Signed by President

    2/27/2026Senate
  9. Signed by Speaker

    2/27/2026House
  10. House amendments agreed to by Senate (21-Y 19-N 0-A)

    2/25/2026Senate
  11. Passed House with amendment (63-Y 34-N 0-A)

    2/23/2026House
  12. Engrossed by House as amended

    2/23/2026House
  13. committee amendments agreed to

    2/23/2026House
  14. Read third time

    2/23/2026House
  15. Read second time

    2/20/2026House
  16. Reported from Courts of Justice with amendment(s) (15-Y 7-N)

    2/18/2026House
  17. Read first time

    2/13/2026House
  18. Referred to Committee for Courts of Justice

    2/13/2026House
  19. Placed on Calendar

    2/13/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB495)

    2/11/2026Senate
  21. Read third time and passed Senate (21-Y 19-N 0-A)

    2/10/2026Senate
  22. Courts of Justice Substitute agreed to

    2/9/2026Senate
  23. Engrossed by Senate - committee substitute (Voice Vote)

    2/9/2026Senate
  24. Read second time

    2/9/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    2/6/2026Senate

Bill Text

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