FAIRFAX COUNTY, Va. — In Washington, senators are still haggling over the language implementing a bipartisan gun reform deal.
Some Republicans think states should still get federal grants -- even if they decline to enact red flag laws, but instead use other measures designed to help people in mental crises.
Supporters say look to Virginia, where they argue the commonwealth's nearly two-year-old red flag law is working well.
Police have used it hundreds of times to take guns from people deemed an imminent threat to themselves or others between July 2020, when it took effect, and May 2022, the latest date available in Virginia State Police records.
One of the fiercest supporters of the law has been Del. Wendy Gooditis, (D-Loudoun, Clarke, and Frederick County). Seven years ago -- long before Virginia's Emergency Risk Protective Order law -- Gooditis' brother took his own life.
"I had a beloved brother -- brilliant, amazing, loving, and generous," Gooditis said.
Three weeks before her brother's death, she says he'd been waving a gun around and threatening his own life. But at the time, a sheriff's deputy told her that without a red flag law, he was left with no choice but to give her brother his gun back after he calmed him down.
"There is nothing in the Constitution that says everyone should have the right to hold a gun and shoot themselves or someone else," Gooditis said. "That is not in the Constitution."
Virginia State Police records show in the almost two years since the Commonwealth enacted a law to let judges and magistrates issue emergency risk protective orders, its been used to seize weapons 258 times.
Advocates say Fairfax County has used emergency and final orders the most -- 77 times. In Virginia Beach, it's been used 38 times; in Hampton, 36 times; and Prince William County, judges and magistrates have issued 32 red flag orders.
"It's not about getting a person in trouble, it's about getting them help," said Sgt. Jonathan Perok, a spokesman for the Prince William County Police.
Other jurisdictions, including Richmond, have never sought a red flag order.
Gun rights advocates efforts to repeal the law failed in the last legislative session. They complain police can take your weapons for 14 days before you get to argue your case before a judge.
"You don't even know there's a problem until the police show up at your door," said Phillip Van Cleave, president of the Virginia Citizens Defense League. "You got no idea that your ex-wife has been claiming you're suicidal, even though maybe you're not at all."
Virginia's law requires a hearing within 14 days of a judge or magistrate issuing an emergency order. At that hearing, gun owners can argue to get their firearms back. The commonwealth's attorney can argue that the gun owner is a substantial and continuing risk, and a judge can bar them from possessing guns for a maximum of 180 days, unless there is another hearing to extend the order.
"Anyone telling you a red flag law is violating due process is simply wrong," Fairfax Co. Commonwealth's Attorney Steve Descano said.
Descano said he makes no apologies about using the law more than any other jurisdiction.
"I think the red flag law is absolutely saving lives," he said.