Penalties for Possession, Purchase or Transportation of Firearms by Persons Subject to a Virginia Substantial Risk Order
April 24, 2021 by Jean Humbrecht
It is a crime to possess, purchase or transport a firearm while a Virginia Substantial Risk Order is in place. For information on the penalties for possession, purchase, or transportation of firearms by persons subject to a Virginia Substantial Risk Order, read the post below.
What is a Substantial Risk Order?
The Penalties for Persons Subject to a Virginia Substantial Risk Order Include Jail
Virginia Substantial Risk Orders prohibit a person from possessing, purchasing, or transporting firearms 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 (Va. Code §19.2-152.13).
A Circuit Court is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order that can be in effect for up to 180 days. The Court can enter this Order if the Commonwealth proves by clear and convincing evidence that possession of a firearm by the individual poses a danger to him or herself or others (Va. Code §19.2-152.14).
The Commonwealth can also petition the court to extend the Order for an additional 180 days and there is no limit on how many times a Substantial Risk Order in Virginia can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalties for Possession, Purchase, or Transportation of Firearms by Persons Subject to a Virginia Substantial Risk Order
After a Virginia court enters a Substantial Risk Order, 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. The individual 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 Substantial Risk Order in Virginia, he or she can be charged with a Class 1 misdemeanor and can be punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-308.1:6).
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