Penalties for Purchase, Possession, or Transportation of Firearms by Persons Subject to Substantial Risk Orders in Virginia
December 24, 2020 by Jean Humbrecht
It is a crime for anyone 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 purchase, possession, or transportation of firearms by persons subject to Substantial Risk Orders in Virginia, read the post below.
What is a Virginia Substantial Risk Order?
It is a Crime to Possess, Purchase or Transport a Firearm While Subject to a Substantial Risk Order in Virginia
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing, or transporting a firearm while the order is in effect (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, the court will first enter an Emergency Substantial Risk Order which remains in effect for 14 days and prohibits a person from possessing a firearm during those 14 days (Va. Code §19.2-152.13).
A Circuit Court then is required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove by clear and convincing evidence that possession of a firearm by the individual poses a danger to him or herself or others in order for the court to enter a Substantial Risk Order (Va. Code §19.2-152.14). If the Court enters the Order, it can remain in effect for up to 180 days. The Commonwealth can also petition the court to extend the Order for an additional 180 days and there is no limit on how many times a Substantial Risk Order in Virginia can be extended.
For more information on an Emergency Substantial Risk Order in Virginia, click here.
For more information on a Substantial Risk Order in Virginia, click here.
Penalties for Purchase, Possession, or Transportation of Firearms by Persons Subject to Substantial Risk Orders in Virginia
A person subject to a Substantial Risk Order in Virginia must surrender any firearms still in his or her possession. The individual must also surrender a concealed carry permit if he or she has one.
If a person possesses, purchases or transports a firearm while subject to an Emergency Substantial Risk Order or a Substantial Risk Order in Virginia, he or she can be charged with a Class 1 misdemeanor which 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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