Penalties for Possession of a Firearm After a Substantial Risk Order Has Been Issued in Virginia
August 11, 2020 by Jean Humbrecht
It is against the law for a person who is subject to a Substantial Risk Order in Virginia to possess, purchase or transport any firearms while the order is in effect. Additionally. a person who has had a Substantial Risk Order entered against him or her must turn in a Concealed Carry Permit if he or she has one. For information on the penalties for possession of a firearm after a Substantial Risk Order has been issued in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
Possession of a Firearm by a Person Subject to a Substantial Risk Order Is a Crime
Before entering a Substantial Risk Order, the court first enters an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13). An Emergency Substantial Risk Order can be entered by a General District Court, Juvenile and Domestic Relations District Court, Circuit Court, or a magistrate. The Circuit Court must then hold a hearing no later than 14 days after the Emergency Substantial Risk Order is issued to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that the person poses a substantial risk of injury to him or herself or others if that person possesses or acquires a firearm. A Substantial Risk Order then can be entered that prevents a person from possessing, transporting or purchasing a firearm if possession of a firearm by that person would pose a “substantial risk of harm” to him or herself or others (Va. Code §19.2-152.14).
A Substantial Risk Order can be issued for up to 180 days. However, the Commonwealth can petition the court to extend the Substantial Risk Order for an additional 180 days. The petition must be filed before the current order expires. The court can extend the order if the court finds that possession of a firearm by that person will continue to pose a substantial risk of injury to him or herself or others in the near future. There is no limit on how many times the Commonwealth or law-enforcement can seek extensions of a Substantial Risk Order. This means the person can be permanently banned from possessing firearms.
Click here for more information on an Emergency Substantial Risk Order in Virginia.
Click here for more information on a Substantial Risk Order in Virginia.
Virginia Substantial Risk Order and Firearm Restrictions
After a Substantial Risk Order has been entered in Virginia, the person must surrender a concealed carry permit if he or she has one. Additionally, the person must surrender any firearms in his or her possession that have not already been taken by law-enforcement when the Emergency Protective Order was served.
Penalties for Possession of a Firearm After a Substantial Risk Order Has Been Issued in Virginia
Possessing, purchasing or transporting a firearm by someone prohibited from doing so by an Emergency Substantial Risk Order or a Substantial Risk Order is a Class 1 misdemeanor (Va. Code §18.2-308.1:6). It is punished with up to 12 months in jail and a fine up to $2,500.
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