Penalty for Possession of a Firearm After a Virginia Substantial Risk Order has been Entered
September 1, 2020 by Jean Humbrecht
Possessing a firearm after a Substantial Risk Order has been entered in Virginia is a crime. For information on the penalty for possession of a firearm after a Virginia Substantial Risk Order has been entered, read the post below.
What is a Substantial Risk Order?
The Penalty for Possession of a Firearm After a Virginia Substantial Risk Order has been Entered Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will stay in place for 14 days. This Order prohibits an individual from possessing, purchasing or transporting firearms (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. At this hearing, the Commonwealth must prove that possession of a firearm by the person will create a substantial risk of injury to him or herself or others.
A Virginia Substantial Risk Order can remain in place for any period of time up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition for an extension of a Substantial Risk Order for an additional 180 days and there is no limit on how many times the Order can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Possession of a Firearm After a Virginia Substantial Risk Order has been Entered
After a Virginia Substantial Risk Order has been entered, the person must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possession of a firearm after an Emergency Substantial Risk Order or a Substantial Risk Order has been entered 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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