Penalty for Firearm Possession while a Substantial Risk Order is in Place in Virginia
April 24, 2024 by Jean Humbrecht
Firearm possession while a Substantial Risk Order is in place in Virginia is a crime. For information on the penalty for firearm possession while a Substantial Risk Order is in place in Virginia, read the post below.
What is a Virginia Substantial Risk Order?
The Penalty for Firearm Possession while a Substantial Risk Order is in Place in Virginia Includes Jail
A Substantial Risk Order in Virginia prohibits an individual from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge first enters an Emergency Substantial Risk Order which will stay in place for 14 days. The Order prohibits a person from possessing, purchasing or transporting firearms (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 Court can enter this Order if the Commonwealth proves that possession of a firearm by the person will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can remain in place for up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition for an extension of the Order for an additional 180 days and there is no limit on how many times the 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 Possession while a Substantial Risk Order is in Place in Virginia
After a Virginia Substantial Risk Order has been entered, the person must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Firearm possession while an Emergency Substantial Risk Order or a Substantial Risk Order is in place 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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