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Fairfax County has temporarily seized 947 firearms through Virginia’s red flag law since it took effect July 1, 2020, using the civil process to intervene when people are believed to pose an immediate threat to themselves or others.
The county has processed 481 Emergency Substantial Risk cases during that period. Commonwealth’s Attorney Steve Descano said the growing number of cases in recent years may reflect greater public awareness of the law.
Descano said each case presents an opportunity to prevent a shooting, homicide or suicide. Many involve people facing mental health challenges, and he believes the resulting orders have protected both those individuals and their families.
When police or prosecutors receive a warning that someone may present an immediate danger, officers investigate. If a judge finds probable cause, the court can issue an emergency substantial risk order lasting two weeks.
After that initial period, prosecutors can seek a 180-day substantial risk order. To obtain it, the commonwealth’s attorney’s office must prove its case with clear and convincing evidence. The person subject to the order cannot possess or use firearms while it remains in effect.
Prosecutors may request another 180-day order when the first expires.
Descano said cases generally involve mental health or substance-use problems, domestic violence, or concerns about a possible mass-casualty event.
Fairfax County police and the commonwealth’s attorney’s office maintain teams dedicated to red flag cases. The courthouse also has a specialized docket where judges regularly handle the proceedings.
The county recently placed informational posters on hundreds of Fairfax Connector buses. Board of Supervisors Chairman Jeff McKay said the campaign is intended to tell residents across the county what steps they can take to support public safety.
Prince William County police reported that 41 emergency substantial risk orders have been entered into the department’s system since the state law took effect. Data was also requested from the Loudoun County Sheriff’s Office and Alexandria police.
Descano emphasized that the red flag process is civil, not criminal. An order does not send someone to jail; it temporarily restricts access to firearms as a public-safety measure.