Penalties for Purchase, Possession, or Transportation of Firearms by Persons Subject to a Substantial Risk Order in Virginia
December 24, 2021 by Jean Humbrecht
It is against the law for a person who is subject to a Substantial Risk Order in Virginia to purchase, possess or transport firearms while the order is in effect. Additionally. a person who has had a Substantial Risk Order entered against him or her must turn in a Concealed Carry Permit if he or she has one. For information on the penalties for purchase, possession, or transportation of firearms by persons subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
Before entering a Substantial Risk Order, the court first enters an Emergency Substantial Risk Order. This order remains in effect for 14 days (Va. Code §19.2-152.13). An Emergency Substantial Risk Order can be entered by a General District Court, Juvenile and Domestic Relations District Court, Circuit Court, or a magistrate. 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. Before this order is issued, the Commonwealth must prove that the person poses a substantial risk of injury to him or herself or others if that person possesses a firearm. A Substantial Risk Order can then be entered. That order prevents a person from purchasing, possessing or transporting a firearm (Va. Code §19.2-152.14).
It is a Crime to Purchase, Possess or Transport a Firearm if A Person is Subject to a Substantial Risk Order in Virginia
A Substantial Risk Order will be in effect for any specified time period up to 180 days. However, the Commonwealth can petition the court to extend the Substantial Risk Order for an additional 180 days. The petition to extend the Substantial Risk Order must be filed before the current order expires. The court can extend the order if the court 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 or law-enforcement can seek these extensions. This means the person can be permanently banned from possessing a firearm.
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 a concealed carry permit if he or she has one. Additionally, the person must surrender any firearms in his or her possession that have not already been taken by law-enforcement when the Emergency Substantial Risk Order was issued.
Penalties for Purchase, Possession, or Transportation of Firearms by Persons Subject to a Substantial Risk Order in Virginia
Possessing, purchasing or transporting a firearm by someone 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). It is punished with up to 12 months in jail and a fine up to $2,500.
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