Penalties for Possession, Purchase or Transportation of Firearms by Persons Subject to Virginia Substantial Risk Orders
March 24, 2023 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 effect. For information on the penalties for possession, purchase or transportation of firearms by persons subject to Virginia Substantial Risk Orders, read the post below.
What is a Substantial Risk Order in Virginia?
Before entering a Substantial Risk Order in Virginia, the court first enters an Emergency Substantial Risk Order which will remain 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.
Possessing, Purchasing or Transporting a Firearm While Subject to a Virginia Substantial Risk Order is a Crime
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 which will be in place up to 180 days. The Commonwealth must prove that possession of a firearm by the individual poses a substantial risk of injury to him or herself or others. If a Substantial Risk Order is entered, it prevents a person from possessing, purchasing, or transporting a firearm while the order is in effect (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 a Virginia Substantial Risk Order can be extended if the Commonwealth proves that the person continues to pose a substantial risk of harm by possessing a firearm.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Virginia Substantial Risk Order and Firearm Restrictions
After a Substantial Risk Order has been entered against a person in Virginia, he or she must surrender a concealed carry permit and any firearms still in in his or her possession.
Penalties for Possession, Purchase or Transportation of Firearms by Persons Subject to Virginia Substantial Risk Orders
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).
***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***