Penalty for Firearm Possession While Subject to a Virginia Substantial Risk Order
October 9, 2022 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 Virginia Substantial Risk Order, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Possession While Subject to a Virginia Substantial Risk Order Includes Jail
A Virginia Substantial Risk Order prohibits an individual from possessing, purchasing or transporting a firearm while the order is in effect (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge must first enter an Emergency Substantial Risk Order which will remain in place for 14 days. An Emergency Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm (Va. Code §19.2-152.13).
A Circuit Court is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. For the Court to enter this order, the Commonwealth must prove that possession of a firearm by the person will create a substantial risk of harm to that individual or others.
A Substantial Risk Order in Virginia can be in effect for any period of time 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 a Virginia Substantial Risk Order can be extended.
For more information on an Emergency Substantial Risk Order in Virginia, click here.
For more information on a Substantial Risk Order in Virginia, click here.
Penalty for Firearm Possession While Subject to a Virginia Substantial Risk Order
After a Virginia Substantial Risk Order has been entered against a person, 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 subject to an Emergency Substantial Risk Order or Substantial Risk Order in Virginia is a 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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