Penalties for Possession, Purchase or Transportation of Firearms by a Person Subject to a Substantial Risk Order in Virginia
March 24, 2022 by Jean Humbrecht
It is a crime for anyone subject to a Substantial Risk Order in Virginia to possess, purchase or transport a firearm while the Order is in effect. For information on the penalties for possession, purchase or transportation of firearms by a person subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
Possessing a Firearm While Subject to a Substantial Risk Order in Virginia is a Crime
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing, or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, the court will first enter an Emergency Substantial Risk Order which remains in effect for 14 days and prohibits a person from possessing firearms for those 14 days (Va. Code §19.2-152.13).
A Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order which can be in effect for up to 180 days. The Commonwealth must prove by clear and convincing evidence that possession of a firearm by the individual poses a danger to him or herself or others in order for the court to enter a Substantial Risk Order (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition the court to extend the Order for an additional 180 days and there is no limit on how many times a Virginia Substantial Risk Order can be extended.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalties for Possession, Purchase or Transportation of Firearms by a Person Subject to a Substantial Risk Order in Virginia
After a court enters a Substantial Risk Order in Virginia, the person must surrender any firearms still in his or her possession. The person must also surrender a concealed carry permit if he or she has one.
If a person possesses, purchases or transports a firearm while subject to an Emergency Substantial Risk Order or a Substantial Risk Order in Virginia, that person can be charged with a Class 1 misdemeanor and can be punished with up to 12 months in jail and a fine as high as $2,500 (Va. Code §18.2-308.1:6).
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