Penalty for Possessing a Firearm After a Virginia Substantial Risk Order Has Been Issued
July 24, 2020 by Jean Humbrecht
It is a crime to possess a firearm after a Virginia Substantial Risk Order has been issued. For information on the penalty for possessing a firearm after a Virginia Substantial Risk Order has been issued, read the post below.
What is a Substantial Risk Order?
The Penalty for Possessing a Firearm After a Virginia Substantial Risk Order Has Been Issued Includes Jail
Virginia Substantial Risk Orders prohibit a person from possessing any firearms while the order is in place (Va. Code §19.2-152.14). Before entering a Substantial Risk Order, a magistrate or judge first enters an Emergency Substantial Risk Order which is valid for 14 days and prohibits a person from possessing firearms while the order is in place (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 Court can enter this Order if the Commonwealth proves that possession of a firearm by the person poses a danger to him or herself or others (Va. Code §19.2-152.14).
A Substantial Risk Order can be issued for any period of time up to 180 days. However, 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 Virginia Emergency Substantial Risk Orders, click here.
For more information on Virginia Substantial Risk Orders, click here.
Penalty for Possessing a Firearm After a Virginia Substantial Risk Order Has Been Issued
After a court enters a Virginia Substantial Risk Order, an individual must surrender any firearms in his or her possession as well as 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 issued 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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