Penalties for Possession of a Firearm in Virginia After a Substantial Risk Order Has Been Issued
July 24, 2021 by Jean Humbrecht
It is against the law for a person who is subject to a Substantial Risk Order to possess a firearm while the order is in effect. Additionally, the person must turn in a Concealed Carry Permit if he or she has one. For more information on the penalties for possession of a firearm in Virginia after a Substantial Risk Order has been issued, read the post below.
What is a Substantial Risk Order in Virginia?
It is a Crime for a Person to Possess a Firearm While Subject to a Substantial Risk Order in Virginia
A magistrate or judge in Virginia can enter an Emergency Substantial Risk Order which prohibits a person from possessing a firearm for 14 days (Va. Code §19.2-152.13). The Circuit Court then must hold a hearing no later than 14 days after the Emergency Substantial Risk Order is issued to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that the person poses a substantial risk of injury to him or herself or others by possessing a firearm. If a Substantial Risk Order is entered, the order prevents the person from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.14).
A Substantial Risk Order will remain in effect for any specified time period up to 180 days. The Commonwealth, however, can petition the court to extend the Substantial Risk Order for an additional 180 days. This petition must be filed before the current order expires. The court can then extend the order if it finds that possession of a firearm by that person will continue to pose a substantial risk of harm to him or herself or others. There is no limit on how many times the Commonwealth or law-enforcement can seek these extensions. This means the person may never be able to possess a firearm again.
Click here for more information on an Emergency Substantial Risk Order in Virginia,
Click here for more information on a Substantial Risk Order in Virginia,
Substantial Risk Order and Firearm Restrictions in Virginia
After a Substantial Risk Order has been entered against a person in Virginia, that person is required to surrender a concealed carry permit if he or she has one. Additionally, the person must surrender any firearms that have not already been taken by law-enforcement when the Emergency Protective Order was issued.
Penalties for Possession of a Firearm in Virginia After a Substantial Risk Order Has Been Issued
Possessing, purchasing or transporting a firearm after being 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). It is punished with up to 12 months in jail and a fine up to $2,500.
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