Penalty for Firearm Transportation while Subject to a Substantial Risk Order in Virginia
September 1, 2021 by Jean Humbrecht
Firearm transportation while subject to a Substantial Risk Order in Virginia is a crime. For information on the penalty for firearm transportation while subject to a Substantial Risk Order in Virginia, read the post below.
Virginia Substantial Risk Orders
The Penalty for Firearm Transportation while Subject to a Substantial Risk Order in Virginia Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order in Virginia, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain in place for 14 days. The Order prohibits an individual 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 Commonwealth must prove that firearm possession by that person will create a substantial risk of harm to the person or other people.
A Substantial Risk Order in Virginia can be in effect for up to 180 days. Additionally, the Commonwealth can petition to extend the Order for an additional 180 days and there is NO LIMIT on how many times it can be extended.
Click here for more information on Virginia Emergency Substantial Risk Orders,
Click here for more information on Virginia Substantial Risk Orders,
Penalty for Firearm Transportation while Subject to a Substantial Risk Order in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must turn in any firearms still in his or her possession and a concealed carry permit if he or she has one.
Firearm transportation while subject to an Emergency Substantial Risk Order or Substantial Risk Order 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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