Virginia Senate passes red flag gun law after tightening due process protections

As a Virginia Senate committee debated how to craft a policy allowing police to take guns away from people deemed dangerous, one Republican made an ominous warning about what could happen if the state starts sending officers up “Ruby Ridge Drive” to bang on the door.

“When they don’t answer the door,” said Sen. Ben Chafin, R-Russell, “… is this committee asking that that door be knocked down to find out what’s on the other side?”

It’s not clear how many of Chafin’s colleagues share his concern about the bill’s potential to create more armed standoffs between homeowners and police. But Democratic lawmakers spent a significant amount of time over the last week fine-tuning the process of how police will interact with people who are subject to court orders temporarily stripping their gun rights.

After two days of heated debate, the state Senate voted 21-19 Wednesday to pass a red flag bill that included several changes adding new layers of due process for those who may be affected. The bill passed the Democratic-controlled Senate on party lines.

Instead of going to homes with a search warrant already in hand to look for guns immediately, the amended bill calls for police to first serve a court order notifying the person they have to relinquish their firearms. If the person refused, the police would have to go back to the court and return with a search warrant. If the person continues to be noncompliant, they could potentially be arrested for violating the order.