Penalty for Purchasing a Firearm While Subject to a Substantial Risk Order in Virginia
October 9, 2024 by Jean Humbrecht
It is a crime to possess, purchase or transport a firearm while subject to a Substantial Risk Order in Virginia. For information on the penalty for purchasing a firearm while subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Purchasing a Firearm While Subject to a Substantial Risk Order in Virginia Includes Jail and a Fine
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in effect (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge in Virginia will first enter an Emergency Substantial Risk Order which will remain in place for 14 days. This Order prohibits an individual from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.13).
A Circuit Court then is required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that firearm possession 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 any period of time up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition the Court to extend a Substantial Risk 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 Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Purchasing a Firearm While Subject to a Substantial Risk Order in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must surrender any firearms in his or her possession and a concealed carry permit if he or she has one.
Purchasing a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a crime and is punished with jail and a fine (Va. Code §18.2-308.1:6).
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