Penalty for Firearm Possession while a Substantial Risk Order is in Place in Virginia
November 1, 2021 by Jean Humbrecht
It is a crime for a person to possess a firearm while a Substantial Risk Order is in place in Virginia. For information on the penalty for firearm possession while a Substantial Risk Order is in place in Virginia, read the post below.
What is a Substantial Risk Order?
The Penalty for Firearm Possession while a Substantial Risk Order is in Place in Virginia Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge first enters an Emergency Substantial Risk Order which remains in effect for 14 days and prohibits a person from possessing a firearm while the Order is in place (Va. Code §19.2-152.13).
A Circuit Court must then hold a hearing within 14 days to determine whether to enter a Substantial Risk Order which can be in effect for up to 180 days. The Commonwealth must prove that the person will be a danger to him or herself or others by possessing a firearm (Va. Code §19.2-152.14).
The Commonwealth can also petition the court to extend a Substantial Risk Order for an additional 180 days and there is no limit on how many times it can be extended.
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 while a Substantial Risk Order is in Place in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must surrender any firearms still in his or her possession and a concealed carry permit if he or she has one.
If a person possesses a firearm while an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is in place, he or she can be charged with a crime and can be 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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