Penalty for Firearm Possession After a Virginia Substantial Risk Order has been Entered
December 9, 2023 by Jean Humbrecht
Possessing a firearm after a Virginia Substantial Risk Order has been entered is a crime. For information on the penalty for firearm possession after a Virginia Substantial Risk Order has been entered, read the post below.
What is a Substantial Risk Order?
The Penalty for Firearm Possession After a Virginia Substantial Risk Order has been Entered Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a judge or magistrate will first enter an Emergency Substantial Risk Order which will stay in place for 14 days. This Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court is then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order at which the Commonwealth is required to prove that possession of a firearm by the individual will create a substantial risk of harm to him or herself or others.
A Substantial Risk Order in Virginia can remain in effect for any period of time up to 180 days (Va. Code §19.2-152.14). The Commonwealth also can petition the Court for an extension of a Substantial Risk Order for an additional 180 days and there is no limit on how many times a Substantial Risk Order can be extended in Virginia.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Firearm Possession After a Virginia Substantial Risk Order has been Entered
After a Substantial Risk Order has been entered against a person in Virginia, he or she must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Firearm possession while subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a misdemeanor and is punished with up to 12 months in jail and a fine up to $2,500 (Va. Code §18.2-308.1:6).
***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***