Does Virginia Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Virginia has a red flag law called the Extreme Risk Protection Order (ERPO) law that went into effect in 2020. It allows certain parties to petition courts to temporarily remove firearms from individuals deemed dangerous.
What This Means for You
Virginia's red flag law matters to builders because it creates a legal mechanism for temporary firearm removal based on court orders. If you're subject to an ERPO, you cannot legally possess any firearms during the order period, regardless of whether you built them yourself or purchased them commercially. This applies to all firearms in your possession, including home-built items.
The Detail
Virginia's Extreme Risk Protection Order law allows specific parties to petition a court for an order to temporarily remove firearms from someone who may present a danger to themselves or others. The parties who can file petitions include law enforcement, family members, household members, and certain other individuals with qualifying relationships to the respondent. The process involves an initial ex parte hearing where a judge can issue a temporary order, followed by a full hearing within two weeks.
The law creates both emergency orders lasting up to 14 days and substantial risk orders that can last up to 180 days. During the time an ERPO is in effect, the subject cannot purchase, possess, or transport firearms. Law enforcement is authorized to remove firearms from the person's possession, and the individual must surrender any concealed carry permits. Violating an ERPO is a criminal offense.
The respondent has the right to legal representation and can present evidence at the full hearing. They can also petition to terminate the order early or contest its renewal. If the order expires or is terminated, there's a process for returning the seized firearms, provided the person is otherwise legally eligible to possess them.
It's important to verify the current status and specific requirements of Virginia's ERPO law with official state resources, as implementation details and procedures can evolve. The Virginia State Police and Virginia court system websites provide authoritative information about how these orders work in practice.
Build Impact
If you're building firearms in Virginia, an active ERPO against you would make possession of your builds illegal, just like any other firearm. This law doesn't change the technical aspects of building, but it creates another legal mechanism that could affect your ability to possess completed firearms.