Tipsheet

Virginia's Red Flag Laws Did Nothing to Prevent Gun Violence

Former Virginia Lt. Governor Justin Fairfax and his wife, Cerina, died in an apparent murder-suicide early this morning at their Annandale home. Authorities said the couple was going through a contentious divorce, and that papers in those proceedings were served yesterday; they believe this is what prompted the unspeakable act of violence.

The Fairaxes' two teenage children were home at the time and, while physically unarmed, one of them placed the call to 911 after the incident happened. That's horrifying and tragic for those children. But was it preventable?

In 2022, Fairfax bragged about Virginia's red flag laws, linking to a story from September 2020 about 36 Virginians who were prohibited from owning guns under the legislation. 

Under those red flag laws, or Emergency Substantial Risk Order (ESRO) law, family members, guardians, domestic partners, parents, roommates, police officers, and mental health professionals can contact a police officer or Commonwealth Attorney to petition a judge for an ESRO.

A hearing is held within 14 days and if the subject of the ESRO is found to be an immediate danger to themselves or others, a judge can issue an order requiring the subject to relinquish all firearms and concealed handgun permits, as well as bar subjects from purchasing new firearms.

Many are asking why these red flag laws didn't apply to Fairfax.

Fairfax made "gun violence projection" part of his political agenda.

This led some to point out the hypocrisy and projection.

Make no mistake: what happened to Cerina Fairfax and her children was tragic and heartbreaking. It was a horrific act of violence that never should have happened.

Democrats have argued for years we need "common sense gun control" to prevent such acts of violence, and they browbeat the rest of us into giving up our Second Amendment rights to "save one life."

Justin Fairfax pushed and promoted the state's red flag laws. Why didn't someone apply those laws to him, as it was known he was going through a difficult divorce? If not, why not?

Or perhaps the lesson is that gun control laws, including red-flag laws, don't work to prevent gun violence after all.