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Bill

HB 927

Substantial risk orders; recommendations for issuance.

2025 Regular Session Introduced by Irene Shin

HB 927 creates civil "substantial risk orders" allowing courts to temporarily restrict firearm access for individuals posing danger to self or others based on petitions from law enforcement and healthcare providers.

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Bill Summary · HB 927

Legislative bill overview

HB 927 establishes a framework for "substantial risk orders" (also known as extreme risk protection orders or red flag laws) in Virginia, allowing courts to temporarily restrict firearm access for individuals deemed to pose a significant danger to themselves or others. The bill creates procedures for law enforcement, healthcare providers, and other specified parties to petition courts for these orders based on evidence of substantial risk.

Why is this important

Substantial risk orders represent a policy mechanism aimed at preventing firearm-related deaths by suicide and mass violence through civil court intervention rather than criminal prosecution. This reflects a growing national debate about balancing public safety concerns with Second Amendment rights and due process protections.

Potential points of contention

  • Due process concerns: Critics argue that restricting constitutional rights through civil proceedings (rather than criminal conviction) may not provide adequate procedural protections, including the right to confront accusers and the standard of proof required
  • Definition ambiguity: The vagueness of "substantial risk" could lead to inconsistent application across jurisdictions and potentially enable overreach in subjective threat assessments
  • Implementation costs and liability: Concerns about who bears responsibility for implementing orders, potential liability for false or erroneous petitions, and fiscal impact on courts and law enforcement agencies

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

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