Virginia Democrats announced that the legislation broadens the group of individuals who may initiate emergency substantial risk orders by including additional professionals and other eligible parties, and that the bill has been signed into law by Governor Abigail Spanberger.
The measure, House Bill 901, expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill aims to address public safety concerns by allowing more people—such as school administrators, licensed medical and mental health professionals, family members, and community services board members—to request court intervention when someone is believed to pose a danger with firearms. Restoration News reported that Virginia Democrats passed HB 901 through the General Assembly and sent the bill to Governor Abigail Spanberger. The legislation expands the list of petitioners for emergency substantial risk orders beyond law enforcement and prosecutors to include school administrators, licensed medical and mental health professionals, family members, and community services board members. It was enrolled on March 2, 2026, and communicated to the governor on March 10, 2026, with action due by April 13, 2026, according to Restoration News.
Previously, Virginia Code limited those who could file such petitions primarily to attorneys for the Commonwealth and law enforcement officers. The new measure adds several categories of eligible filers as part of the 2026 legislative session’s focus on public safety and firearm policy changes. State data from prior years showed limited use of existing red flag provisions, with most petitions originating from law enforcement, according to official legislative records.
Federal grants under the Bipartisan Safer Communities Act provided more than $3 million to Virginia for crisis intervention programs tied to red flag law implementation between 2023 and 2025. Nationwide, 22 states had adopted some form of extreme risk protection order by 2025, with varying standards for petitioners and timelines for due process. The U.S. Department of Justice reported increased state adoption following the 2022 funding incentives, which encouraged broader access to temporary firearm removal mechanisms, according to CBS News.
The Virginia General Assembly is composed of the House of Delegates and Senate. During the 2026 session in Richmond, Democrats held majorities that advanced multiple firearm-related measures as part of their annual agenda addressing public safety among other issues, according to official information from the legislature.
