Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Issued
November 1, 2023 by Jean Humbrecht
Firearm transportation after a Virginia Substantial Risk Order has been issued is a crime. For information on the penalty for firearm transportation after a Virginia Substantial Risk Order has been issued, read the post below.
What is a Substantial Risk Order?
The Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Issued Includes Jail
A Substantial Risk Order in Virginia prohibits an individual from possessing, purchasing or transporting firearms (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in place for 14 days. The Order prohibits a person from possessing, purchasing or transporting any firearms (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. At this hearing, the Commonwealth needs to 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 up to 180 days (Va. Code §19.2-152.14). The Commonwealth can petition for an extension of the Order for an additional 180 days and there is no limit on how many times it can be extended.
Click here for more information on Virginia Emergency Substantial Risk Orders.
Click here for more information on Virginia Substantial Risk Orders.
Penalty for Firearm Transportation After a Virginia Substantial Risk Order has been Issued
After a Virginia Substantial Risk Order has been issued, the person must give up any firearms in his or her possession and a concealed carry permit if he or she has one.
Firearm transportation after an Emergency Substantial Risk Order or a Substantial Risk Order has been issued 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).
***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***