Penalty for Firearm Possession While Subject to a Substantial Risk Order in Virginia
February 9, 2023 by Jean Humbrecht
Possessing, purchasing or transporting a firearm while subject to a Substantial Risk Order in Virginia is a crime. 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?
The Penalty for Firearm Possession While Subject to a Substantial Risk Order in Virginia 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 magistrate or judge first enters an Emergency Substantial Risk Order which will remain in place for 14 days. This Order prohibits an individual from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.13).
A Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that firearm possession by that person will create a substantial risk of injury to that individual or others.
A Substantial Risk Order in Virginia can be in effect up to 180 days (Va. Code §19.2-152.14). The Commonwealth also can petition the Court to extend a Substantial Risk Order for an additional 180 days and there is no limit on how many times the Order 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 Subject to a Substantial Risk Order in Virginia
After a Substantial Risk Order has been entered against a person 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.
Firearm possession while subject to an Emergency Substantial Risk Order or Substantial Risk Order 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).
***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***