Penalty for Possessing a Firearm While a Substantial Risk Order is in Effect in Virginia
March 9, 2021 by Jean Humbrecht
Possessing a firearm while a Substantial Risk Order is in effect in Virginia is a crime. For information on the penalty for possessing a firearm while a Substantial Risk Order is in effect in Virginia, read the post below.
Substantial Risk Orders in Virginia
The Penalty for Possessing a Firearm While a Substantial Risk Order is in Effect in Virginia Includes Jail and a Fine
A Virginia Substantial Risk Order 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 in Virginia, 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 then must 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 the individual will create a substantial risk of harm to him or herself or others.
A Substantial Risk Order in Virginia can be in effect up to 180 days (Va. Code §19.2-152.14). The Commonwealth can also petition for an extension of the 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 While a Substantial Risk Order is in Effect in Virginia
After a Virginia Substantial Risk Order has been entered against a person, he or she must turn in any firearms in his or her possession and a concealed carry permit if he or she has one.
Possessing a firearm while an Emergency Substantial Risk Order or Substantial Risk Order is in effect 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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