Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Entered
October 24, 2024 by Jean Humbrecht
Transporting, possessing or purchasing a firearm after a Virginia Substantial Risk Order has been entered is a crime. For information on the penalty for firearm transportation after a Virginia Substantial Risk Order has been entered, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Entered Includes Jail
A Virginia Substantial Risk Order prohibits a person 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, a magistrate or judge in Virginia will first enter an Emergency Substantial Risk Order which will stay in place for 14 days. This Order prohibits an individual from possessing, purchasing or transporting firearms (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 at which the Commonwealth must prove 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 effect for up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition the Court for an extension of a Substantial Risk 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 Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Entered
After a Virginia Substantial Risk Order has been entered against a person, he or she must give up any firearms in his or her possession and a concealed carry permit if he or she has one.
Purchasing a firearm while subject to a Substantial Risk Order or Emergency Substantial Risk Order 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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