Penalty for Firearm Possession After a Virginia Substantial Risk Order Has Been Issued
December 24, 2022 by Jean Humbrecht
It is a crime for a person who is subject to a Substantial Risk Order in Virginia to possess a firearm. For information on the penalty for firearm possession after a Virginia Substantial Risk Order has been issued, read the post below.
Substantial Risk Orders in Virginia
Possessing a Firearm After a Substantial Risk Order Has Been Issued in Virginia is a Crime
Before entering a Substantial Risk Order, a magistrate or judge in Virginia will first enter an Emergency Substantial Risk Order that lasts for 14 days (Va. Code §19.2-152.13). An Emergency Substantial Risk Order prohibits a person from possessing firearms while the order is in effect. The Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order, which can be entered if the Commonwealth proves that firearm possession by that person would pose a “substantial risk of harm” to the individual or others (Va. Code §19.2-152.14). The Order will prevent the person from possessing any firearms.
A Substantial Risk Order in Virginia can be issued for up to 180 days. The Commonwealth can petition the court for an extension for an additional 180 days and there is no limit on how many times the Commonwealth can petition to extend a Virginia Substantial Risk Order.
Click here for more information on a Virginia Emergency Substantial Risk Order.
Click here for more information on a Virginia Substantial Risk Order.
Substantial Risk Order and Firearm Restrictions in Virginia
After a Virginia Substantial Risk Order has been entered against a person, he or she must surrender a concealed carry permit and any firearms still in his or her possession.
Penalty for Firearm Possession After a Virginia Substantial Risk Order Has Been Issued
Possessing a firearm 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). It is punished with up to 12 months in jail and a fine up to $2,500.
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