Penalty for Firearm Possession After a Substantial Risk Order has been Entered in Virginia
July 9, 2022 by Jean Humbrecht
Firearm possession after a Substantial Risk Order has been entered in Virginia is a crime. For information on the penalty for firearm possession after a Substantial Risk Order has been entered in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Possession After a Substantial Risk Order has been Entered in Virginia Includes a Fine and Jail
A Substantial Risk Order 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 Substantial Risk Order in Virginia, a magistrate or judge must first enter an Emergency Substantial Risk Order which will remain in place for 14 days. The Order prohibits an individual from possessing, purchasing or transporting any firearms (Va. Code §19.2-152.13).
A Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order at which the Commonwealth must prove that firearm possession by the person will create a substantial risk of harm to him or herself or others.
A Virginia Substantial Risk Order can remain in place for up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition to extend the Order for an additional 180 days and there is no limit on how many times it can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Firearm Possession After a Substantial Risk Order has been Entered in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must give up any firearms in his or her possession and a concealed carry permit if he or she has one.
Firearm possession after a Substantial Risk Order or Emergency Substantial Risk Order has been entered in Virginia is a crime and 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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