Substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty. Expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill provides various factors that a judge or magistrate shall consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill also outlines various other factors that a judge or magistrate shall consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill expands court jurisdiction over substantial risk orders from circuit courts to juvenile and domestic relations district courts and general district courts and requires petitions against minors to be filed in juvenile and domestic relations district courts. The bill requires a copy of the order to be served on the parent or guardian of the minor at any address where the minor resides or the Virginia Department of Social Services in the case where the minor is the subject of a dependency or court-approved out-of-home placement. The bill also provides the process for which firearms not owned by the subject of a petition are returned to the lawful owner of such firearms. Lastly, the bill provides that any person that makes a materially false statement or representation to a court during the petitioning process is guilty of a Class 1 misdemeanor.

Statutes affected:
Introduced: 19.2-152.13, 19.2-152.14, 19.2-152.16