Emergency Substantial Risk Orders (ESRO)

What is an Emergency Substantial Risk Order (ESRO)?

If a person is a threat to themselves or others, police officers or the Office of the Commonwealth’s Attorney can get an ESRO. That ESRO means a person cannot possess, purchase, or transport a gun. An ESRO is in effect for 14 days because it is meant for emergencies. If the emergency is continuing, the Office of the Commonwealth’s Attorney has a hearing in front of a judge to argue for the order to be in effect for longer than 14 days.

How Does a Judge or Magistrate Decide to Issue ESRO?

Only a law enforcement officer or the Office of the Commonwealth’s Attorney can petition for an ESRO, and a judge decides if a person is “a substantial risk of personal injury to himself or others in the near future” by having a gun. A petition for an ESRO must be based on an independent investigation and the judge must consider any relevant evidence, including any recent violence, force or threats by the “respondent”, who is the subject of the ESRO, directed at another person or towards themselves.

What Does a Petition for an ESRO Include?

On a petition by the Commonwealth or a law enforcement officer, a judge or magistrate shall issue an Emergency Substantial Risk Order (ESRO) if probable cause is found that such person poses a substantial risk of injury to themselves or others through their purchase or possession of a firearm. An ESRO remains in effect for fourteen days. After that period, the Commonwealth’s Attorney must appear before a judge to seek a substantial risk order (SRO), which may remain in place for up to 180 days. While an SRO is in effect, the individual subject to the order is prohibited from purchasing, possessing, or transporting a firearm. The petition can be filed and an order obtained without the participation of the respondent – meaning, the ESRO can be sought and issued without the person who is the subject of it knowing about it in advance.

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What Happens After an ESRO is Issued?

1. The law enforcement officer will serve the respondent with the ESRO. The person has the option of giving the guns to law enforcement voluntarily, but law enforcement can direct them to give up any firearms within their possession if they are not given voluntarily. Additionally, if law enforcement believes that the respondent is still in possession of a firearm, an officer can seek a search warrant.

2. The respondent is then entered into a database called the Viginia Criminal Information Network (VCIN), so other law enforcement agencies can see that the respondent is forbidden from possessing, obtaining, or transporting a gun.

3. During the 14-day period, Arlington County Circuit Court will hold a hearing to determine if clear and convincing evidence proves that the respondent does pose a substantial risk of personal injury to themselves or others. If it is found that the respondent does pose such a risk, the court shall issue a Substantial Risk Order, which prohibits the respondent from purchasing, possessing, or transporting a firearm for up to 180 days or 6 months. The court can extend this beyond 180 days before the expiration date of the Substantial Risk Order.

What should I do if I believe an ESRO may be necessary to protect myself or a loved one?

  • In any situation where there is an emergence or immediate safety risk, call 911.
  • Explain to 911 operator that you are calling for an ESRO. Tell them about any threats made by the person against whom you’re trying to get an ESRO. If possible, tell them about any known guns to which the person posing a danger has access. This helps inform law enforcement how they should proceed to help aid in everyone’s safety.
  • When law enforcement arrives, tell them about any threats the person has made, if the person has any mental health issues, substance use issues, developmental issues - or anything else that might affect how they act - and tell officers where the gun(s) are, if you know.
  • Tell officers why you believe an ESRO may be necessary. An officer must then investigate, and if appropriate, file a petition for an ESRO.

Additional Crisis Services

  1. 988 or Regional Crisis Call Center | 24-Hour Crisis Response
  • Call 988 or 703-527-4977, Text CONNECT to 855-11

2. Marcus Alert: The Department of Human Services works with the Emergency Communications Center (9-1-1) as they are the first responders to ensure calls are properly identified, handled, and soft transferred according to call types and urgencies. Behavioral health calls will be triaged and responded to according to the following levels, based on available community resources:

  • Level One (Routine): Phone-based behavioral health response
  • Level Two (Moderate): A mobile crisis response team is dispatched
  • Level Three (Urgent): Joint response from behavioral health teams and law enforcement
  • Level Four (Emergent): Primarily a law-enforcement led response

 

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