Another, and another……
Our hearts break for the victims of yet another senseless shooting in Virginia. Two people killed while grocery shopping at the Harris Teeter in Crozet. Their families left devastated. The most haunting part? It could and should have been prevented.
Virginia’s Substantial Risk Order law (also known as the Red Flag Law) was written to address the very circumstances this tragedy spotlights. We must honor the victims by committing to make Virginia a safer place for all and properly implementing the tools we already have to stop these killings.
When we fought for and passed legislation creating Virginia’s Red Flag law, we had these exact scenarios in mind. The law became effective on July 1, 2020 and has already been used more than a thousand times in communities all across the Commonwealth. Through 2024, a total of 1,391 Emergency and Final Risk Orders have been issued.
We may never know how many lives have been saved, but research gives us a window into the possibilities. According to a 2024 study, for every 17 risk orders issued, 1 life is saved from firearm suicide. By that estimate, 82 Virginians may be alive today because the system worked for them. And a team of researchers studying red flag laws in six states found that 9.5 percent of the risk orders issued involved threats of mass shootings – and 21 percent of those threats were targeted at K-12 schools. Imagine if just one of those orders averted yet another school shooting.
Virginia’s law has a breadth of applications. It allows law enforcement officers or Commonwealth Attorneys to petition a judge to remove firearms from someone where there is a finding of “probable cause to believe that a person poses a substantial risk of personal injury to himself or others in the near future by such person’s possession or acquisition of a firearm.” For someone in crisis who does not meet the criteria for an Emergency Custody Order, Temporary Detention Order or other mental health-related intervention, a Risk Order is the very tool law enforcement should be using to intervene and prevent injury and death by removing that person’s firearm. Police and prosecutors in Virginia jurisdictions regularly using this life saving tool are contributing to the safety of their community and the citizens they serve.
Effective use and implementation of this tool is, quite literally, a matter of life and death. But we’ve seen confusion about similar laws in other states, with deadly consequences. Law enforcement deserves the training and guidance to effectively use this policy. The Department of Criminal Justice Services must expand training to teach law enforcement agencies across the Commonwealth how to use this law that we know works.
Training is vital, but we must do more.
It is family members who are often the first to know when a loved one is in crisis. The family in Highland Park knew. The family in Lewiston, Maine knew. Under our current law, family members, health providers, roommates, intimate partners, and others can contact law enforcement or their Commonwealth’s Attorney and request an SRO. But they cannot petition directly to a judge or magistrate for an order. This is a major gap that we must close. It’s common sense – loved ones can often recognize a change in behavior that warrants a Risk Order to temporarily remove firearms long before others. We should improve Virginia’s Red Flag law to expand who is allowed to petition for an order that could save lives.
Before the Crozet shooting, the family of the gunman did everything they could. They showed police the warning signs, reached out and begged for help. Now their loved one is dead along with two innocent victims. If Virginia allowed family members to petition a court directly for a Risk Order to remove firearms from a dangerous individual – more lives could have been saved. This is no solace to their loved ones, but moving forward we must do everything in our power to make certain that Risk Orders are used in every appropriate circumstance.
Today, we’re doubling down on our commitment to make Virginia a place that is safe from the horrors of gun violence. Let’s honor the victims by making a change.
Delegate Rip Sullivan (D – 6 th District) represents parts of Fairfax County and sponsored Virginia’s Substantial Risk Order bill. Lori Haas is advocacy manager at the Center for Gun Violence Solutions at the Johns Hopkins Bloomberg School of Public Health.
