Penalty for Firearm Possession After a Substantial Risk Order Has Been Issued in Virginia
July 24, 2023 by Jean Humbrecht
It is a crime to possess a firearm after a Substantial Risk Order has been issued in Virginia. For information on the penalty for firearm possession after a Substantial Risk Order has been issued in Virginia, read the post below.
Substantial Risk Orders in Virginia
Before entering a Virginia Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing firearms while the order is in place. The Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. A Substantial Risk Order can be entered in Virginia that prevents a person from possessing firearms if the Commonwealth proves that firearm possession by that person would create a “substantial risk of harm” to him or herself or others (Va. Code §19.2-152.14).
The Penalty for Firearm Possession After a Substantial Risk Order Has Been Issued in Virginia Includes Jail
A Substantial Risk Order can be issued for up to 180 days and the Commonwealth can petition the court for an extension for an additional 180 days. There is no limit on how many times a Virginia Substantial Risk Order can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Substantial Risk Order and Firearm Restrictions in Virginia
After a Substantial Risk Order has been entered in Virginia, the individual must surrender a concealed carry permit if he or she has one and any firearms still in his or her possession.
Penalty for Firearm Possession After a Substantial Risk Order Has Been Issued in Virginia
Firearm possession while an Emergency Substantial Risk Order or a Substantial Risk Order is in effect in Virginia is a Class 1 misdemeanor (Va. Code §18.2-308.1:6) punished with up to 12 months in jail and a fine up to $2,500.
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