Penalty for Possessing a Firearm After a Virginia Substantial Risk Order has been Entered
November 4, 2022 by Jean Humbrecht
Possessing a firearm after a Virginia Substantial Risk Order has been entered is a crime. For information on the penalty for firearm transportation after a Virginia Substantial Risk Order has been entered, read the post below.
What is a Virginia Substantial Risk Order?
The Penalty for Possessing a Firearm After a Virginia Substantial Risk Order has been Entered Includes Jail
A Substantial Risk Order in Virginia prohibits a person from possessing, purchasing or transporting a firearm while the order is in place (Va. Code §19.2-152.14). Before entering a Virginia Substantial Risk Order, a magistrate or judge first enters an Emergency Substantial Risk Order which will remain in effect for 14 days. The Order prohibits an individual 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 at which the Commonwealth must prove that firearm possession by the person will create a substantial risk of injury to him or herself or others.
A Substantial Risk Order in Virginia can remain in place for up to 180 days (Va. Code §19.2-152.14). Additionally, the Commonwealth can petition the Court to extend the Order for an additional 180 days and there is no limit on how many times the 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 Possessing a Firearm After a Virginia Substantial Risk Order has been Entered
After a Virginia Substantial Risk Order has been entered, the person must give up any firearms still in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm after a Virginia Substantial Risk Order or Emergency Substantial Risk Order has been entered 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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