Proposed Virginia Firearm Legislation SB495
Legislation Overview
Title: Emergency substantial risk orders; petitions involving minors, substantial risk factors.
Description: Substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty. Expands the list of persons eligible to file a petition for an emergency substantial risk order. The bill provides various factors that a judge or magistrate shall consider for the purpose of determining whether to issue an emergency substantial risk order or a substantial risk order. The bill expands court jurisdiction over substantial risk orders from circuit courts to juvenile and domestic relations district courts and general district courts and requires petitions against minors to be filed in juvenile and domestic relations district courts. The bill requires a copy of the order to be served on the parent or guardian of the minor at any address where the minor resides or the Virginia Department of Social Services in the case where the minor is the subject of a dependency or court-approved out-of-home placement. The bill also provides the process for which firearms not owned by the subject of a petition are returned to the lawful owner of such firearms. The bill provides that any emergency substantial risk order or substantial risk order issued remains in full force and effect pending any appeal. Lastly, the bill provides that any person that makes a materially false statement or representation to a court during the petitioning process is guilty of a Class 1 misdemeanor.
Session: 2026 Regular Regular Session
Last Action: Read second time
Last Action Date: February 20, 2026
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
2 sponsors: Creigh Deeds (D); Scott Surovell (D);
Percentage of Senate sponsoring bill: 5% (2 of 40)
History
| Chamber | Date | Action |
| House | Feb 20, 2026 | Read second time |
| House | Feb 18, 2026 | Reported from Courts of Justice with amendment(s) (15-Y 7-N) |
| House | Feb 13, 2026 | Referred to Committee for Courts of Justice |
| House | Feb 13, 2026 | Read first time |
| House | Feb 13, 2026 | Placed on Calendar |
| Senate | Feb 11, 2026 | Fiscal Impact Statement from Department of Planning and Budget (SB495) |
| Senate | Feb 10, 2026 | Read third time and passed Senate (21-Y 19-N 0-A) |
| Senate | Feb 9, 2026 | Read second time |
| Senate | Feb 9, 2026 | Education and Health Substitute agreed to |
| Senate | Feb 9, 2026 | Engrossed by Senate - committee substitute (Voice Vote) |
| Senate | Feb 6, 2026 | Passed by for the day |
| Senate | Feb 6, 2026 | Constitutional reading dispensed (on 1st reading) (39-Y 0-N 0-A) |
| Senate | Feb 6, 2026 | Rules suspended |
| Senate | Feb 6, 2026 | Committee substitute printed 26107130D-S1 |
| Senate | Feb 6, 2026 | Passed by for the day (Voice Vote) |
| Senate | Feb 4, 2026 | Reported from Courts of Justice with substitute (9-Y 5-N) |
| Senate | Feb 4, 2026 | Senate committee offered |
| Senate | Jan 26, 2026 | Fiscal Impact Statement from Department of Planning and Budget (SB495) |
| Senate | Jan 13, 2026 | Prefiled and ordered printed; Offered 01-14-2026 26104571D |
| Senate | Jan 13, 2026 | Referred to Committee for Courts of Justice |
Texts
| Type | Date | State Link | Text |
| Comm Sub | Feb 6, 2026 | state link | bill text |
| Comm Sub | Feb 4, 2026 | state link | bill text |
| Introduced | Jan 13, 2026 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| Courts of Justice Amendment | Courts of Justice Amendment | Nov 30, -0001 | State Link | amendment text | No |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Reported from Courts of Justice with substitute (9-Y 5-N) | 02/4/2026 | 9 | 5 | 0 | 1 | Yes |
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| Constitutional reading dispensed (on 1st reading) (39-Y 0-N 0-A) | 02/6/2026 | 39 | 0 | 0 | 1 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Read third time and passed Senate (21-Y 19-N 0-A) | 02/10/2026 | 21 | 19 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Reported from Courts of Justice with amendment(s) (15-Y 7-N) | 02/18/2026 | 15 | 7 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
