The Virginia Department of Criminal Justice Services (DCJS) is pleased to announce the availability of $500,000 in state general funds to assist eligible applicants with training related to enforcement on the removal of firearms based on substantial risk protective orders. DCJS is soliciting applications from Virginia law enforcement agencies, circuit courts, juvenile and domestic relations courts, and general district courts for enhanced or supplemental training for internal staff and/or external parties, focusing on one or all of the following: the enforcement of substantial risk orders, the safe removal of firearms from individuals subject to substantial risk orders, and/or the development of multi-disciplinary firearms removal teams.

During the 2020 General Assembly regular session, Virginia Code § 19.2-152.13 and
§ 19.2-152.14 were enacted, establishing the Commonwealth’s Emergency Substantial Risk Order (ESRO) and Substantial Risk Order (SRO) laws. In summary:

• On petition of an attorney for the Commonwealth or a law enforcement officer, any circuit court/juvenile and domestic relations court/general district court judge or magistrate shall issue an ex parte emergency substantial risk order (“ESRO”) upon a finding of probable cause to believe that a person poses a “substantial risk” of personal injury to himself or others in the near future by such person’s possession or acquisition of a firearm.
• This order prohibits the person from purchasing, possessing or transporting a firearm for the duration of the order.
• The order shall contain a statement informing the person of the requirements and penalties under Virginia Code § 18.2-308.1:6:

• It is unlawful to purchase, possess, or transport a firearm for the duration of the order;
• The person shall surrender his concealed weapon permit; and
• The respondent is advised to voluntarily relinquish any firearm within his custody to the law enforcement agency serving the order.