Penalty for Firearm Transportation After a Substantial Risk Order has been Issued in Virginia
May 9, 2021 by Jean Humbrecht
Firearm transportation after a Substantial Risk Order has been issued in Virginia is a crime. For information on the penalty for firearm transportation after a Substantial Risk Order has been issued in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Transportation After a Substantial Risk Order has been Issued in Virginia Includes Jail Time
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge first must enter an Emergency Substantial Risk Order which will remain in effect for 14 days. This Order prohibits a person 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 is required to prove that possession of a firearm by the person will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can remain in effect up to 180 days (Va. Code §19.2-152.14). 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.
Click here for more information on a Virginia Emergency Substantial Risk Order.
Click here for more information on a Virginia Substantial Risk Order.
Penalty for Firearm Transportation After a Substantial Risk Order has been Issued in Virginia
After a Substantial Risk Order has been issued 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.
Firearm transportation after an Emergency Substantial Risk Order or a Substantial Risk Order has been issued 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).
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***