Penalty for Firearm Transportation While A Virginia Substantial Risk Order Is In Effect
January 24, 2022 by Jean Humbrecht
It is a crime to transport a firearm while a Virginia Substantial Risk Order is in effect. For information on the penalty for firearm transportation while a Virginia Substantial Risk Order is in effect, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Firearm Transportation While A Virginia Substantial Risk Order Is In Effect Includes Jail Time
Before entering a Substantial Risk Order in Virginia, a judge or magistrate will first enter an Emergency Substantial Risk Order. A Virginia Emergency Substantial Risk Order 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 will then hold a hearing within 14 days to determine whether to enter a Substantial Risk Order if the Commonwealth proves that firearm possession by that person would pose a “substantial risk of harm” to that individual 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 Virginia Substantial Risk Order can be issued for any period of time up to 180 days. However, the Commonwealth can petition 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 Emergency Substantial Risk Orders in Virginia.
Click here for more information on Substantial Risk Orders in Virginia.
Virginia Substantial Risk Order and Firearm Restrictions
After a Substantial Risk Order has been entered in Virginia, the person must turn in a concealed carry permit and any firearms still in his or her possession.
Penalty for Firearm Transportation While A Virginia Substantial Risk Order Is In Effect
If a person transports a firearm while subject to a Virginia Emergency Substantial Risk Order or a Substantial Risk Order, he or she can be charged with a Class 1 misdemeanor (Va. Code §18.2-308.1:6) and punished with up to 12 months in jail and a fine as high as $2,500.
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