Penalty for Firearm Transportation while a Substantial Risk Order is in Place in Virginia
August 10, 2024 by Jean Humbrecht
Firearm transportation while a Substantial Risk Order is in place in Virginia is a crime. For information on the penalty for firearm transportation while a Substantial Risk Order is in place in Virginia, read the post below.
What is a Substantial Risk Order?
The Penalty for Firearm Transportation while a Substantial Risk Order is in Place in Virginia Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge will 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 then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that firearm possession by the individual will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can be in place up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition to extend a Substantial Risk Order for an additional 180 days and there is no limit on how many times the Order can be extended.
For more information on Emergency Substantial Risk Orders in Virginia, click here.
For more information on Substantial Risk Orders in Virginia, click here.
Penalty for Firearm Transportation while a Substantial Risk Order is in Place in Virginia
After a Virginia Substantial Risk Order has been entered, the person must surrender any firearms still in his or her possession and a concealed carry permit if he or she has one.
Firearm transportation while an Emergency Substantial Risk Order or Substantial Risk Order is in place in Virginia is a crime and is punished with jail and a fine (Va. Code §18.2-308.1:6).
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