Charlottesville, VA (CVILLE RIGHT NOW) – Legal analyst Tim Heaphy discussed Virginia’s red flag laws on WINA Morning News following the recent shooting at the Crozet Harris Teeter. “The reason we have these red flag laws is that when people who do have a documented mental health history act in a way that causes danger, they can at least temporarily have their gun rights restricted,” Heaphy explained. However, he emphasized that law enforcement must have clear evidence of potential danger to invoke them. Albemarle County officials have also noted that they did not have sufficient grounds to confiscate the firearm used by the suspect, despite concerns raised prior to the incident. 

The discussion also touched on an emergency custody order that was requested by the suspect’s family in December but was denied by a magistrate due to a lack of credible threat. “There are certain things that law enforcement can’t do unilaterally, they have to get judicial approval,” Heaphy explained. “To deprive a citizen of their liberty… possession of a firearm… there has to be a factual basis, and often that goes to a judge.” He acknowledged the difficulty of such decisions and the challenge of balancing individual rights with public safety concerns. 

Also addressed was the recent shelter-in-place orders issued at the University of Virginia following threats to public safety. Officials cited the Clery Act, which requires universities to provide timely warnings in dangerous situations. “In real time, you don’t know, you have a person about whom you have information is armed and dangerous, who is at large, who is running from law enforcement,” Heaphy noted. He added that while such measures may cause alarm, they are necessary precautions in the wake of past violent incidents on campus. 

Listen here for the full conversation: