Penalty for Firearm Transportation while a Virginia Substantial Risk Order is in Place
February 24, 2022 by Jean Humbrecht
Transporting a firearm while a Virginia Substantial Risk Order is in place is a crime. For information on the penalty for firearm transportation while a Virginia Substantial Risk Order is in place, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Firearm Transportation while a Virginia Substantial Risk Order is in Place Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting any firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge in Virginia will first enter an Emergency Substantial Risk Order which will remain in place for 14 days. This 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 decide whether to enter a Substantial Risk Order. At this hearing, the Commonwealth must prove that possession of a firearm by the person will create a substantial risk of harm 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). The Commonwealth can also petition to extend a Substantial Risk Order for an additional 180 days and there is NO LIMIT on how many times this Order can be extended.
For more information on a Virginia Emergency Substantial Risk Order, click here.
For more information on a Virginia Substantial Risk Order, click here.
Penalty for Firearm Transportation while a Virginia Substantial Risk Order is in Place
After a Virginia Substantial Risk Order has been entered against a person, that person must turn in any firearms in his or her possession and a concealed carry permit if he or she has one.
Transporting a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in place in Virginia is a crime and 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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