Penalty for Firearm Transportation while Subject to a Virginia Substantial Risk Order
September 24, 2023 by Jean Humbrecht
Firearm transportation while subject to a Virginia Substantial Risk Order is a crime. For information on the penalty for firearm transportation while subject to a Virginia Substantial Risk Order, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Firearm Transportation while Subject to a Virginia Substantial Risk Order Includes Jail Time
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting firearms while the order is in effect (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge will first enter an Emergency Substantial Risk Order which will remain in effect for 14 days. This Order prohibits a person from possessing, purchasing or transporting firearms (Va. Code §19.2-152.13).
A Circuit Court is then required to hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. The Commonwealth must prove that possession of a firearm by that person will create a substantial risk of injury to him or herself or others.
A Virginia Substantial Risk Order can be in place for up to 180 days. Additionally, the Commonwealth can 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.
Click here for more information on a Virginia Emergency Substantial Risk Order,
Click here for more information on a Virginia Substantial Risk Order,
Penalty for Firearm Transportation while Subject to a Virginia Substantial Risk Order
After a Substantial Risk Order has been entered against a person in Virginia, he or she must turn in any firearms 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 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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