Penalty for Possession of a Firearm While Subject to a Virginia Substantial Risk Order
December 9, 2021 by Jean Humbrecht
It is a crime for a person to possess, purchase or transport a firearm while subject to a Substantial Risk Order in Virginia. For information on the penalty for possession of a firearm while subject to a Virginia Substantial Risk Order, read the post below.
What is a Substantial Risk Order?
The Penalty for Possession of a Firearm While Subject to a Virginia Substantial Risk Order Includes Jail Time
A Substantial Risk Order in Virginia bans a person from possessing firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in effect for 14 days. An Emergency Substantial Risk Order prohibits an individual from possessing, purchasing or transporting a firearm while the Order is in effect (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. The Commonwealth must prove that possession of a firearm by the person will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can be in effect for up to 180 days (Va. Code §19.2-152.14). However, the Commonwealth can petition the court to extend the Order for an additional 180 days and there is no limit on how many times the 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.
Penalty for Possession of a Firearm While Subject to a Virginia Substantial Risk Order
After a Substantial Risk Order has been entered in Virginia, the person must surrender any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a crime and is 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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