Penalties for Purchase, Possession, or Transportation of Firearms by A Person Subject to a Substantial Risk Order in Virginia
February 24, 2021 by Jean Humbrecht
Any person who is subject to a Substantial Risk Order in Virginia is prohibited from purchasing, possessing or transporting firearms 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 purchase, possession, or transportation of firearms by a person subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
A magistrate or judge in Virginia can enter an Emergency Substantial Risk Order prohibiting 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 harm to him or herself or others by possessing a firearm. If a Substantial Risk Order is entered, the person will be prohibited from purchasing, possessing or transporting a firearm while the order is in effect (Va. Code §19.2-152.14).
A Substantial Risk Order in Virginia will remain in effect for up to 180 days. The Commonwealth, however, can petition the court to extend the Substantial Risk Order for an additional 180 days, but the 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 injury to him or herself or others. There is no limit on how many times the Commonwealth can seek to extend a Substantial Risk Order in Virginia. This means that the person may never be able to possess a firearm again.
Possessing, Purchasing or Transporting a Firearm While Subject to a Substantial Risk Order in Virginia is a Crime
Click here for more information on Emergency Substantial Risk Orders in Virginia.
Click here for more information on Substantial Risk Orders in Virginia.
Substantial Risk Order in Virginia and Firearm Restrictions
After a Substantial Risk Order has been entered against a person in Virginia, that person 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. Additionally, he or she must also turn in a concealed carry permit if he or she has one.
Penalties for Purchase, Possession, or Transportation of Firearms by Persons Subject to a Substantial Risk Order in Virginia
Purchasing, possessing 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). This offense is punished with up to 12 months in jail and a fine up to $2,500.
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