A relatively new law that helps keep guns away from people who may harm themselves or others has helped Virginia’s largest jurisdiction temporarily seize hundreds of them.
Since the “Red Flag” law went into effect on July 1, 2020, Fairfax County said it has processed 481 Emergency Substantial Risk cases and temporarily taken away 947 guns.
The process allows a court to intervene if a prosecutor or law enforcement is informed that someone poses a threat to themselves or someone else in the immediate future.
The Northern Virginia suburb has seen a significant increase in cases in the last few years, which Commonwealth’s Attorney Steve Descano suspects is the result of more people becoming aware of the law.
“Every one of those cases, I believe, is the opportunity to not only make our community safer, but potentially save a life,” Descano said. “We’re trying to forestall shootings, homicides, but also suicides. We see a lot of individuals come before us with mental health issues, and we feel that those red flag law orders have kept them and their family members safe.”
Once police or prosecutors are alerted of someone who could be a danger to themselves or others, police launch an investigation, Descano said. If there’s probable cause, a judge will issue an emergency substantial risk order that lasts for two weeks.
At the end of the two-week period, the commonwealth’s attorney’s office takes over, and “if we win that case by clear and convincing evidence, we can get a 180-day substantial risk order, and that just means during the pendency of that time, that individual can’t own or operate any guns,” Descano said.
Prosecutors could ask the court for another 180-day order if the first one expires, he said.
Generally, the cases fall into one of three categories, Descano said — someone experiencing a mental health or substance abuse challenge, domestic violence or “there are cases where we’ve started this process because we believe that there could be a mass casualty event.”
Fairfax County police and Descano’s office both have dedicated “Red Flag” law teams, and the courthouse has “a special ‘Red Flag’ law docket, and the judges have become expert at this,” Descano said.
Fairfax County recently added new informational posters to hundreds of its Connector buses.
“What we’re doing today is making sure that we spread that message to every corner of the community so … they know what actions they can take to contribute to the overall safety of (the) county,” Jeff McKay, chairman of Fairfax County’s Board of Supervisors, said in a statement.
Prince William County police, meanwhile, said the agency has had 41 ESROs entered into its system since the law went into effect, a spokesman said.
WTOP contacted the Loudoun County Sheriff’s Office and Alexandria police for their red flag law data.
The process, Descano said, isn’t criminal, so it’s “not going to result in somebody getting thrown in jail because of a red flag law. This is a civil remedy that is all about public safety.”
More information about the “Red Flag” law available on the Fairfax County website.
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