Penalties for Possession, Purchase, or Transportation of Firearms by Persons Subject to Substantial Risk Orders in Virginia
September 24, 2021 by Jean Humbrecht
It is a crime for a person who is subject to a Substantial Risk Order to possess, purchase or transport a firearm while the order is in place. Additionally, a person subject to a Substantial Risk Order in Virginia must turn in a Concealed Carry Permit if he or she has one. For information on the penalties for possession, purchase, or transportation of firearms by persons subject to Substantial Risk Orders in Virginia, read the post below.
What is a Substantial Risk Order?
It is a Crime to Possess, Purchase or Transport a Firearm while Subject to a Substantial Risk Order in Virginia
Before entering a Substantial Risk Order in Virginia, the court first enters an Emergency Substantial Risk Order. An Emergency Substantial Risk Order in Virginia remains in effect for 14 days (Va. Code §19.2-152.13). It can be entered by a magistrate, General District Court, Juvenile and Domestic Relations District Court, or Circuit Court.
The Circuit Court is then required to 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 possession of a firearm by the individual poses a substantial risk of injury to him or herself. If a Substantial Risk Order is entered, it prevents a person from possessing, purchasing, or transporting a firearm while the order is in place (Va. Code §19.2-152.14).
Substantial Risk Orders in Virginia will be in effect for any specified time period up to 180 days. However, the Commonwealth can petition the court to extend the Order for an additional 180 days. There is no limit on how many times a Virginia Substantial Risk Order can be extended. This means the person can be permanently prohibited from possessing a firearm.
For more information on Emergency Substantial Risk Orders in Virginia, click here.
For more information on Substantial Risk Orders in Virginia, click here.
Substantial Risk Order in Virginia and Firearm Restrictions
After a Virginia Substantial Risk Order has been entered against a person, he or she must surrender a concealed carry permit and any firearms in his or her possession that have not already been taken by law-enforcement when the Emergency Protective Order was served.
Penalties for Possession, Purchase, or Transportation of Firearms by Persons Subject to Substantial Risk Orders in Virginia
Possessing, purchasing or transporting a firearm while subject to an Emergency Substantial Risk Order or Substantial Risk Order 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***