Penalty for Purchasing a Firearm While a Virginia Substantial Risk Order Is In Effect
August 5, 2020 by Jean Humbrecht
Purchasing a firearm while a Virginia Substantial Risk Order is in effect is a crime. For information on the penalty for purchasing a firearm while a Virginia Substantial Risk Order is in effect, read the post below.
Substantial Risk Orders in Virginia
Substantial Risk Orders in Virginia prohibit a person from possessing, purchasing, or transporting firearms while the order is in effect (Va. Code §19.2-152.14). Before a Substantial Risk Order is entered in Virginia, a magistrate or judge will first enter an Emergency Substantial Risk Order which is valid for 14 days and prohibits a person from possessing, purchasing or transporting any firearms while the order is in effect (Va. Code §19.2-152.13).
The Penalty for a Firearm Purchase While a Virginia Substantial Risk Order Is In Effect Includes Jail
A Circuit Court then is required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. A Substantial Risk Order can be issued if the Commonwealth proves that possession of a firearm by the individual poses a danger to him or herself or others and it can be issued for any period of time up to 180 days. If this Order is entered, the person is prohibited from possessing, purchasing, or transporting a firearm while the Order is in effect.
The Commonwealth can petition to extend the Order for an additional 180 days and there is no limit on how many times it can be extended (Va. Code §19.2-152.14).
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 Purchasing a Firearm While a Virginia Substantial Risk Order Is In Effect
After a court enters a Substantial Risk Order in Virginia, an individual must surrender any firearms in his or her possession as well as a concealed carry permit if the person has one.
Purchasing a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in effect in Virginia 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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