Penalty for Possession of a Firearm After a Substantial Risk Order Has Been Issued in Virginia
July 24, 2024 by Jean Humbrecht
It is a crime to possess a firearm if a person is subject to a Substantial Risk Order in Virginia. For information on the penalty for possession of a firearm after a Substantial Risk Order has been Issued in Virginia, read the post below.
What is a Substantial Risk Order?
Possessing a Firearm While a Substantial Risk Order is in Place is a Crime
Before entering a Substantial Risk Order in Virginia, the court first enters an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing firearms while the order is in effect. The Circuit Court then must 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 a firearm if the Commonwealth proves that possession of a firearm 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. However, the Commonwealth can petition the court to extend the Substantial Risk Order for an additional 180 days and there is no limit on how many times the Commonwealth can seek extensions of a Substantial Risk Order in Virginia.
Click here for more information on a Virginia Emergency Substantial Risk Order.
Click here for more information on a Virginia Substantial Risk Order.
Substantial Risk Order and Firearm Restrictions
After a Substantial Risk Order has been entered in Virginia, the person must surrender a concealed carry permit if he or she has one and any firearms in his or her possession that have not already been taken by law-enforcement when the Emergency Substantial Risk Order was served.
Penalty for Possession of a Firearm After a Substantial Risk Order Has Been Issued in Virginia
Possession of a firearm by someone prohibited from doing so by an Emergency Substantial Risk Order or a Substantial Risk Order is a Class 1 misdemeanor (Va. Code §18.2-308.1:6) and is punished with up to 12 months in jail and a fine up to $2,500.
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