Penalty for Possessing a Firearm After a Substantial Risk Order Has Been Issued in Virginia
December 24, 2023 by Jean Humbrecht
Possessing a firearm while subject to a Substantial Risk Order in Virginia is a crime. For information on the penalty for possessing a firearm after a Substantial Risk Order has been issued 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 Punished with up to 12 Months in Jail
Before entering a Substantial Risk Order, the court or magistrate in Virginia first must enter an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing firearms while the order is in place. The Circuit Court then is required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. A Substantial Risk Order can be entered that prevents a person from possessing a firearm if the Commonwealth proves that possession of a firearm by that person would pose a substantial risk of injury to the individual 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 to extend the Substantial Risk Order for an additional 180 days and there is no limit on how many times the court can extend a Virginia Substantial Risk Order.
Click here for more information on Virginia Emergency Substantial Risk Orders.
Click here for more information on Virginia Substantial Risk Orders.
Substantial Risk Order and Firearm Restrictions in Virginia
After a Virginia Substantial Risk Order has been entered, the person must surrender a concealed carry permit if he or she has one and any firearms still in his or her possession.
Penalty for Possessing a Firearm After a Substantial Risk Order Has Been Issued in Virginia
Possessing a firearm while 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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