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Bill

HB 901

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

2026 Regular Session Introduced by Dan Helmer and 3 co-sponsors

HB 901 expands who can petition Virginia courts to temporarily remove firearms from individuals posing substantial risk, adjusting jurisdiction and possession procedures.

Approved by Governor-Chapter 698 (effective 7/1/2026)
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Bill Summary · HB 901

Legislative bill overview

HB 901 modifies Virginia's "red flag" law (Substantial Risk Orders) by expanding who can petition courts to temporarily remove firearms from individuals deemed a danger to themselves or others, and clarifies court jurisdiction and firearm possession procedures. The bill adjusts the eligible petitioners beyond current law and refines how courts handle these sensitive cases.

Why is this important

Substantial Risk Orders represent a significant intersection of public safety and Second Amendment rights—they allow temporary firearm removal without criminal charges. Expanding petitioner eligibility could increase order frequency and accessibility, while clarification of jurisdiction and procedures affects both enforcement consistency and due process protections for respondents across Virginia's court system.

Potential points of contention

  • Expansion of petitioners: Broadening who can file petitions may increase orders filed by those with personal conflicts or disputes, raising due process concerns versus improving early intervention for genuine threats
  • Second Amendment balance: Gun rights advocates worry about easier firearm removal and barriers to restoration; safety advocates support expanded tools to prevent violence and self-harm
  • Court burden and consistency: Unclear how expanded petitioner eligibility and jurisdiction changes affect court resources and whether standards are applied uniformly across Virginia's 128 judicial districts

Compiled from official sources — confirm details with the bill’s official record.

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