Penalty for Firearm Possession while a Virginia Substantial Risk Order is in Place
September 9, 2023 by Jean Humbrecht
Firearm possession while a Virginia Substantial Risk Order is in place is a crime. For information on the penalty for firearm possession while a Virginia Substantial Risk Order is in place, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Possession while a Virginia Substantial Risk Order is in Place 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 Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in place for 14 days. The Order prohibits a person from possessing, purchasing or transporting any firearms (Va. Code §19.2-152.13).
A Circuit Court will then hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Court can enter the Order if the Commonwealth proves that possession of a firearm 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 for an extension of the 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 Orders click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Firearm Possession while a Virginia Substantial Risk Order is in Place
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 while an Emergency Substantial Risk Order or a Substantial Risk Order is in place 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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