Penalty for Firearm Transportation While A Substantial Risk Order Is In Effect in Virginia
January 24, 2024 by Jean Humbrecht
It is a crime to transport a firearm while a Substantial Risk Order is in effect in Virginia. For information on the penalty for firearm transportation while a Substantial Risk Order is in effect in Virginia, read the post below.
Substantial Risk Order in Virginia
The Penalty for Firearm Transportation While A Substantial Risk Order Is In Effect in Virginia Includes Jail and a Fine
Before entering a Substantial Risk Order in Virginia, a magistrate or judge will first enter an Emergency Substantial Risk Order. An Emergency Substantial Risk Order in Virginia lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing, purchasing, or transporting firearms while the order is in effect. The Circuit Court is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. This Order can be entered if the Commonwealth proves that firearm possession by that individual would create a “substantial risk of harm” to that person or others (Va. Code §19.2-152.14). If a Substantial Risk Order is entered, the person is prohibited from possessing, purchasing or transporting firearms while the Order is in effect.
A Substantial Risk Order in Virginia can be issued for any period of time up to 180 days. 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 the Order can be extended.
Click here for more information on Virginia Emergency Substantial Risk Orders.
Click here for more information on Virginia Substantial Risk Orders.
Substantial Risk Order in Virginia and Firearm Restrictions
After a Substantial Risk Order has been entered against a person in Virginia, he or she must turn in a concealed carry permit and any firearms still in his or her possession.
Penalty for Firearm Transportation While A Substantial Risk Order Is In Effect in Virginia
Tansporting a firearm while a Virginia Emergency Substantial Risk Order or a Substantial Risk Order is in effect in Virginia is a Class 1 misdemeanor (Va. Code §18.2-308.1:6) and is punished with up to 12 months in jail and a fine as high as $2,500.
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