Penalty for Firearm Possession While Subject to a Substantial Risk Order in Virginia
October 1, 2020 by Jean Humbrecht
It is a crime for a person to possess a firearm while subject to a Substantial Risk Order in Virginia. For information on the penalty for firearm possession while subject to a Substantial Risk Order in Virginia, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Possession While Subject to a Substantial Risk Order in Virginia Can Include Jail
A Substantial Risk Order in Virginia prohibits a person from possessing any firearms 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 remains in effect for 14 days. An Emergency Substantial Risk Order prohibits an individual from possessing a firearm while the Order is in place (Va. Code §19.2-152.13).
A Circuit Court then is required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that the person will be a danger to him or herself or others by possessing a firearm.
A Substantial Risk Order in Virginia can be in effect for up to 180 days. (Va. Code §19.2-152.14). However, the Commonwealth can petition the court to extend the Order for an additional 180 days and there is no limit on how many times it can be extended.
For more information on Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Firearm Possession While Subject to a Substantial Risk Order in Virginia
After a Virginia Substantial Risk Order has been entered, the person must surrender 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 Substantial Risk Order in Virginia is in effect is a Class 1 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).
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