Case challenging Va.'s ‘red flag’ law dismissed

Case challenging Va.'s ‘red flag’ law dismissed
Virginia Attorney General Mark Herring speaks during a news conference at the Capitol, Monday Jan 27, 2020, in Richmond, Va. (AP Photo/Steve Helber) (Source: Steve Helber)

RICHMOND, Va. (WWBT) - A court case challenging Virginia’s “red flag” law was dismissed on Friday after Attorney General Mark Herring argued that the measure did not violate constitutional rights.

The suit was filed in July by a man who claimed Virginia’s new law was unconstitutional. It named the Charlottesville Commonwealth’s Attorney and Chief of Police.

“Virginians voted overwhelmingly for gun violence prevention last November and the General Assembly delivered by passing proven-effective measures, like this so-called ‘red flag’ law,” Herring said. “In Virginia, we have already seen how this ‘red flag’ law has been used to save lives by keeping firearms out of the hands of someone who could use it to harm themselves or others.”

The red flag law allows a commonwealth attorney or law enforcement officer to petition “emergency substantial risk orders," which temporarily restricts a person’s access to firearms. The law was passed during the Virginia General Assembly’s regular 2020 session, as part of several laws aiming to increase gun safety legislation in the commonwealth.

Judge Glen E. Conrad agreed to dismiss the case in the U.S. District Court for the Western District of Virginia. The order stated that the complainant was dismissed without prejudice for a lack of standing.

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