Penalty for Possessing a Firearm After a Substantial Risk Order has been Entered in Virginia
February 9, 2022 by Jean Humbrecht
Possessing a firearm after a Substantial Risk Order has been entered in Virginia is a crime. For information on the penalty for possessing a firearm after a Substantial Risk Order has been entered in Virginia, read the post below.
What is a Substantial Risk Order?
The Penalty for Possessing a Firearm After a Substantial Risk Order has been Entered in Virginia Includes Jail
A Virginia Substantial Risk Order prohibits a person from possessing, purchasing or transporting a firearm while the order is in effect (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain 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 at which 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 Virginia Substantial Risk Order can remain in place for up to 180 days (Va. Code §19.2-152.14). 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 it can be extended.
For more information on Emergency Substantial Risk Orders in Virginia, click here.
For more information on Substantial Risk Orders in Virginia, click here.
Penalty for Possessing a Firearm After a Substantial Risk Order has been Entered in Virginia
After a Substantial Risk Order has been entered in Virginia, a person must give up any firearms in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm after an Emergency Substantial Risk Order or Substantial Risk Order has been entered 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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