Virginia
Va. Code Ann. 19.2-152.13 et seq

Who May Petition

LEO or Commonwealth Attorney

Burden of proof for Emergency Order or Ex Parte Order

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.

Notice and Opportunity

Hearing no later than 14 days after order is issued

Service

 By LEA 

What is Prohibited?

 Purchasing, possessing or transporting a firearm

Relinquish Firearms

 Respondent is given the opportunity to voluntarily relinquish firearms in possession. Respondent is ordered to surrender any concealed handgun permit

Seizure by LEA

 Search warrant is required if LEO believes respondent has not turned over all firearms in possession

Burden of Proof at Hearing

 Clear and convincing evidence that the respondent "poses a substantial risk of personal injury to himself or to other individuals in the near future by such person's possession or acquisition of a firearm..." 

Authority to Order Mental Health/Substance Abuse Evaluation

 Not specified

Entry into NICS

 Entry into Virginia Criminal Information Network

Duration of Order after Hearing

 A maximum of 180 days, subject to an unlimited number of extensions

Warrantless Arrest Permitted in Statute

 Not specified

Criminal Penalty

 A Class 1 Misdemeanor

Contempt Penalty

 

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