Penalties for Possession, Purchase or Transportation of Firearms by Persons Subject to a Substantial Risk Order in Virginia
March 24, 2024 by Jean Humbrecht
It is a crime for a person who is subject to a Virginia Substantial Risk Order to possess, purchase or transport a firearm while the order is in place. For information on the penalties for possession, purchase, or transportation of firearms by persons subject to a Substantial Risk Order in Virginia, read the post below.
What is a Virginia Substantial Risk Order?
Possessing a Firearm While Subject to a Substantial Risk Order in Virginia is a Crime
Substantial Risk Orders in Virginia prohibit a person from possessing, purchasing, or transporting firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, the court must first enter an Emergency Substantial Risk Order. A Virginia Emergency Substantial Risk Order will remain in effect for 14 days and prohibits a person from possessing firearms while the order is in effect (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 that can be in effect for up to 180 days. The Court can enter a Substantial Risk Order if the Commonwealth proves by clear and convincing evidence that the person poses a danger to him or herself or others by possessing a firearm (Va. Code §19.2-152.14).
Additionally, the Commonwealth can petition the court to extend the 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 in Virginia, click here.
For more information on Substantial Risk Orders in Virginia, click here.
Penalties for Possession, Purchase, or Transportation of Firearms by Persons Subject to a Substantial Risk Order in Virginia
After a Substantial Risk Order has been entered against a person in Virginia, he or she must surrender any firearms in his or her possession that have not already been taken by law-enforcement when the Emergency Protective Order was served, as well as a concealed carry permit if he or she has one.
Possessing, purchasing or transporting a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a Class 1 misdemeanor. It 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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