Penalty for Firearm Possession While a Substantial Risk Order Is In Effect In Virginia
July 5, 2020 by Jean Humbrecht
It is a crime for a person who is subject to a Substantial Risk Order in Virginia to possess a firearm. For information on the penalty for firearm possession while a Substantial Risk Order is in effect in Virginia, read the post below.
What is a Substantial Risk Order?
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 in Virginia, a judge or magistrate will first enter an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing any 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 firearms if the Commonwealth proves that firearm possession 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 but the Commonwealth can petition the court for an extension for an additional 180 days. There is no limit on how many times the Commonwealth can petition for an extension of 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 individual must surrender a concealed carry permit if he or she has one and any firearms still in his or her possession.
Penalty for Firearm Possession While a Substantial Risk Order Is In Effect In Virginia
Possessing a firearm while an Emergency Substantial Risk Order or a Substantial Risk Order is in effect in Virginia is a Class 1 misdemeanor (Va. Code §18.2-308.1:6). It is punished with up to 12 months in jail and/or a fine up to $2,500.
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